Study On The System Of Contract Interpretation

Contract has the same enforcement as the law between the parties. Due to thelimitation of the language, and the finite reason of the parties, which often causesundefined and missing meanings of contract, even disputed contract comprehension,it is necessary to interpret the contract. The contract interpretation is the explanationand analysis of the meaning of a contract and its related materials. The contractinterpretation system is one of the important components of "contract law", and auniversal significance in theory and practice of contract law.To begin with the meaning of contract interpretation, this paper attempts toprobe into some basic problems of contract interpretation, to demonstrates themethods of contract interpretation through giving a commentary on the theory ofcontract interpretation, so as to further perfect our contract interpretation system.There are three chapters in my thesis.Chapter one involves the fundamental problems of contract interpretation. Thispaper tombs the basic ideas, including the concept, the main bodies, the objects, thevarieties and the features of contract interpretation, and analyzes the differencesbetween contract interpretation and law interpretation.Chapter two demonstrates how did the theory of contract interpretation progressgradually. There are three kinds of theories, and that is subjectivism, objectivist andmainly objectivist with some subjectivism. Relating specific laws and ChinaContract Law, the author makes commentary on the theory of contract interpretation.Chapter three discusses the methods of contract interpretation. There are sixkinds of methods, and that is literal interpretation, integrative interpretation,teleological interpretation, transaction practice interpretation, principle of honestyand credibility and doubtful benefit interpretation. The author illustrates the rulesand features as well as the relationship among these methods.