On Our System Of Contract Interpretation

Contract interpretation is an important system in the contract law. This paper attempts an analysis of the concept, value basis, basic principle, concrete regulations and interpretative methods of contract interpretation on the basis of its legislation and theory. Reflection on the normalization of the system of contract interpretation is discussed as well.It includes five parts: part one is an overview of contract interpretation. The concept of contract interpretation is clearly defined by means of discussion on its necessity, subject, object and purpose. Part two is the literature review of contract interpretation, which covers the theory development of contract interpretation concerning two main law systems. Value basis and the relation between contract interpretation and law interpretation are also summarized. Part three is the basic principle of contract interpretation. Objective principles and subjective principles and their combining principles are discussed in addition to the contract interpretation principles set in contract law of our country. Part four is the concrete regulations of contract interpretation. Several interpretative principles set in contract law of our country are treated systematically. Methods and means on the application of those regulations are proposed. Part five is the reflections on the normalization of contract interpretation system. It is thoroughly probed and analyzed on how to normalize the contract interpretation system of our country from the three aspects of the theory, legislation and judicature of contract interpretation.