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The Study On The Rules Of Interpretation Of Contract

Posted on:2008-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2166360242457283Subject:Law
Abstract/Summary:PDF Full Text Request
In the modern economic society, the most important form of the intercourse of civil subjects is contract and there is quietly high proportion of contractual disputes in the civil cases which the court deals with the parties contract rights and obligations by the contractual clauses. Meanwhile, the engagement of parties is also the most important function for the judges to judge the contractual disputes. So whether the confirmation of contractual facts is right shall directly decide the correctness of handling of cases. However, due to the multi-meaning and obscure language and words and the limitation of the parties' education or the lack of legal knowledge, the impropriety and loopholes in contracts always appear. Therefore, when settling the contractual disputes arisen by this situation, it is necessary to interpret the contract to correctly determine facts and seek the true meanings of parties. The dissertation starts with the study on contract interpretation, and bases on the review of interpretative jurisprudence and the theory of civil law, wholly expounds and proves the internal meaning, types, the origin and development of system and etc. The author specifically expounds the construction of contract interpretation system shall base on such three aspects as the value standard and rule of contract interpretation, the principle rules of contract interpretation and the rules of ways of contract interpretation.
Keywords/Search Tags:Contract, Interpretation of Contract, Rules
PDF Full Text Request
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