On The Interpretation Of Contracts

In the modern society and the economical system,the contract is a very important legal relationship.However,due to various reasons,the parties have a bias in the understanding of the contents of the contract and they cannot solve the disputes themselves,and then take legal action.In judicial practice,when the judges interpret contracts,they should try their best to realize the parties' original intention.Because it connects the realization of the parties' benefit and the value of the contracts,it becomes the key issue of the contract law system.In our country,the Contract of People's Republic of China(1999) firstly established the system of the interpretation of contracts,initially established the rule of the interpretation of contract disputes,the contract loophole supplement and the form provision interpretation.However,there are many defects in the contract law,many problems occurred in the practice.The first chapter introduces the basic theory of interpretation of contracts and the reason of the appearance of it,and introduces the history of the development of this theory in the civil law and the common law.The author believes the interpretation of contracts is authoritative interpretation and takes this as the basic point,received the concept of the interpretation of contracts,and discussed the aim of the interpretation,the subject,the object of it.The second chapter discusses the method of the interpretation of contracts.The method contains the interpretable interpreting,the complementary interpreting and the revisable interpreting.The method of interpretable contract interpreting contains text meaning,integral,purpose,habit,and historical interpreting.The third chapter discusses the present situation of the interpretation of contracts, and points out the defects.This chapter will analyze the problems and then achieve the concepts of the corresponding solutions,which are helpful to improve the contract interpretation system.