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Rules Of Interpretation Of International Sale Of Goods

Posted on:2009-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:H W XingFull Text:PDF
GTID:2206360245488191Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The contract is the law which made by the parties.Otherwise,due to the complexity and limitation of the language,sentences ambiguity and different meanings,which often causes undefined and missing meanings of contract.In addition,on account of the uncertainty of the future,it is very difficult to arrange the affairs what would happen thoughtfully. This,there may exist some ambiguity and un-concretion,even some leaks on some articles of the contract,which dispute contract comprehension So,it is necessary to interpret the articles of the contracts.The contract interpretation system is one of the important components of "Contract law" in every country,and a problem that has universal significance in theory and practice of contract law.In China,the law-makers pay more attention to the interpretation of the word in order to protect the interest of the social stability.Judges are given the power to use several methods when they try to find out the right meaning of the contract.This paper puts the emphasis upon the Contract for International Trade of Goods basing on the common theory of interpretation of contract. This paper puts the interpretation rules into the continental instruction and,at the same time,consults English law to a great extent.With the comparison of the two law systems,a way suitable to the practice of China may be achieved.This paper is divided into three major parts:The first part discusses the background of the thesis and the research methods.Compared to the general contract,the Contract for International Trade of Goods has its particularity;therefore its interpretation system differs from others.Hereby,the discussion it is very meaningful.In the second part the author discusses some relative theories about contract interpretation and analyzes characteristics of the interpretation rules of the Contract.And clearing the difference between the principles and the rules in contract law for the dissertation of the interpretation rules of the Contract for International Trade of Goods in the following text.Owing to the different carrier according to the theory of the contract, The third part analyses the rules of explanations are divided into two parts,the rule by virtue of contents of the contract and the rule by virtue of the spirits of the contract law,which basic on he contract interpretation in civil law system and enriches the specific rules in common law system.By this,it can better adapt to the internationalism and foreignization of the Contract for International Trade of Goods and promote our country' s fair and friendly trading with other countries.Lastly,through the consideration about China' s present legislation, the author presents the advice for the legislation of the Contract for International Trade of Good' s interpretation.
Keywords/Search Tags:Interpretation of Contract, Basic Conceptions, Contract for International Trade of Goods, Interpretation systems of the Contract for International Trade of Goods
PDF Full Text Request
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