Of Contract Loopholes To Fill

Through making a contract, parties form their rights and obligations. Rights and obligations derived from mutuality is reasonable and enforceable. However, parties never provide all of the content of a contract, so it is inevasible that there are gaps in a contract. When parties make a legal claim for such gaps later, how shall the court determine rights and obligations about such gaps? Where the reasonability and enforceability of rights and obligations about such gaps come from? This paper will discuss the rules, namely the trade custom, the arbitrariness regulation, the judicial interpretation and the general contract interpretation, which are applied to determine rights and obligations about such gaps. The trade custom, the arbitrariness regulation, the judicial interpretation and the general contract interpretation shall be applied to determine rights and obligations about such gaps. The limits of the trade custom, the arbitrariness regulation, the judicial interpretation and the general contract interpretation and the justice procedure guarantee the reasonability of rights and obligations formed through such rules. Therefore, this paper will stress the content and the justice procedure and limits of such rules.