On The Rules Of Interpretation Of The Standard Clauses

With the application expansion of the standard clauses, it is particularly important to explain it. To reasonably and appropriately interpret standard clauses is conducive to safeguarding the legitimate rights and interests of vulnerable groups– consumers and promotion fairness and justice in the law. The full text is divided into five chapters. I clarify the general theories and four special principles of interpretation of the standard clauses from the introduction of cases. I also express my own opinions in the course of investigation and discussion of this problem.ChapterⅠdivided into three sections briefly describes the general theory of the rules of interpretation of the standard clauses.SectionⅠis on the standard clauses explaining the nature, targets and specificity. On the standard clauses explaining the nature of the problem, scholars concluded mainly explained that the contract, legal explained, the compromise theory. I explained that the standard clauses of contract interpretation, contract interpretation and application of the general rules. The contract interpretation target theory that the civil law has three different meaning, and that is, the eclectic, and there are three common law doctrine that the subjective and objective said, the compromise said that the adoption of a comparative analysis to determine the standard clauses explaining the target. In addition to the applicable provisions of contract interpretation to explain the standard of the general rules, standard unique is that its provisions should be interpreted with respect to the interests of the majority of consumers, and thus many scholars have interpreted the provisions of the special rules on the the standard type exposition, this article briefly introduced the problems.SectionⅡis the actual the standard of the special provisions of the rules of interpretation of the general rules of contract interpretation and related issues. First briefly explained the general rules of the contract on the corresponding national legislation. and discussed municipalities special rules and contractual provisions that explain the relationship between the general rule, applicable both to resolve the placement issue laid the foundation. In general, according to jurisprudence, special rules should take precedence over the general rules. However, the interpretation of the standard clauses, the author considers to be specific cases, or contract interpretation apply general rules of priority or priority application, the standard clauses explain special rules, the judges have flexibility.SectionⅢis on the judge to explain the mandate. Although the rules of interpretation to the judges on the basis of analysis of the case law, but the rules are more abstract standard to explain the clauses of relevant laws and...