On The Legistimacy Of The Contractual Interpretation

As a important system in the theories of contract law, interpretation of contracts is always valued for the jurists. The result of this interpretation will affect the relationship between litigant's rights and obligations directly. For this reason, to legitimatize the interpretation of contracts is very important. In this article, the author try to find the legistimacy of the contractual interpretation in tradition. With the analysis and the criticism of traditional theories, the author obtained his own viewpoint on the legistimacy of the contractual interpretation.The structure of this article is:The first part: The summary of the contractual interpretation. In this part, the explained the general meaning of the concept of contracts interpretation. After that, the author analyzed the necessity of contractual interpretation. There are two reason for the necessity, one is the instability of contractual words, the other one is the litigant 's limitations. At the end of this part, the author introduced the tow kinds of contractual interpretation: the explanatory interpretion and the additional interpretation.The second part: The history of contractual interpretation. Firstly, the author introduced the two different viewpoint in the theories of contractual interpretation: subjective interpretation and objective interpretation. Secondly, the author analyzed the theories of contractual interpretation in Rome,France,Germany,the UK and the USA. Finally, the author pointed out the shortages of subjective interpretation and objective interpretation.The third part: The query of the legistimacy of the contractual interpretation in tradition. In this part, the author suggested that the nature of contractual interpretation is that the judge will make a contract for without their wishes, which will violate the litigants' freedom. At the end of this part, the author analyzed the reason for the problem above. The fourth part: The re-thinking about the legistimacy of the contractual interpretation. The author suggested the objective of contractual interpretation, and then give the anwser of the legistimacy of the contractual interpretation.