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Study On The Rules Of Contract Interpretation

Posted on:2005-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:S GuoFull Text:PDF
GTID:2166360155956529Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The contract expresses a promissory agreement reached through meaning between parties. Due to the complexity and limitation of the language, and sentence ambiguity and different meanings, which often causes undefined and missing meanings of contract, even disputed contract comprehension, it is necessary to interpret the contract. The contract interpretation system is one of the important components of " contract law ", and a problem that has universal significance in theory and practice of contract law. To begin with the origin of contract interpretation, this paper attempts to systematically introduce contract interpretation rules, to probe into some problems of standardization of contract interpretation, so as to further perfect our contract interpretation rules.This paper is divided into three major parts:The first part emphasizes juristic connotation of contract interpretation, and makes clear research object of the paper. The author first summarizes the concept of contract interpretation, namely, the contract interpretation is "analysis and explanation of contract and relevant information", ~â‘  and then defines the status of contract interpretation system in " contract law " in China .In the second part the author reviews contract interpretation system in two major laws, and traces back to historical development of contract interpretation rules in Rome Law, Continent Law and British-American Law. On the basis of comparative research on theory, legislation and principles of related contract interpretation of continent law and British-American Law.The third part describes current legislation situation of contract...
Keywords/Search Tags:contract interpretation, contract interpretation rules
PDF Full Text Request
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