On The Interpretation Of Contracts

The value judgement exists in the contract interpretation that has been recognized in legal theory, but the study on contract interpretation still concentrats on the contract agreement,and the language used in it,which results in the fact that the value judgement is neglected to some extent under the guidance of exploring the real meaning of the parties of the contract. Legal methodology is regarded as the method of application of the law, but it also has its meaning in practice in the legal system. In practice, application of the law is case-oriented, "the fact shaped the law",which is particularly prominent. Even regardless of the meaning of the fact judgement in legal methodology, the contract interpretation should ascertain the content of the contract in law,and the contract interpretation study has to not only researches on the methods but on the way of the interpretors thinking combining the study of the legal methodology, the methods of the contract interpretation is composed of contract language interpretation, contract loopholes supplementting and value amendment to the contract. This paper is about the path of the contractinterpretation which is the way of thinking that the judge should follow to determine the course of the contract. The particularity that the judgemnet of the contract should respect the the common meaning between the parties determines that the path of the contract interpretation and its methods is overlapped, and contract interpretation takes the law as its boundary and direction, in this procedure the application and interpretation of the contract are incorporated. Therefore, it can be said to explain the juror's way of thinking in contract interpretation, but beyond the simple contract interpretation.The path of the contract interpretation is oriented to external way of juror's thinking, while the contract interpretation path is biased on the mehtods. In practice, the interpretation of contract the common experience of the interpreter, his law experience,his mental awareness and his specific feeling about specific circumstances of the case. However, there are some differences between the contract interpretation and methods and patterns of hermeneutics, which explains the rules and requirements of the nature of the contract:arbitrariness can be dialectical. The possibility of contract interpretation is that the contract interpreter has a similar educational background, way of thinking and the resulting experience, etc., at the same time bounded by the relevant legal norms. Based on the criticism to the methods and the theory of contract interpretation, the study of the path of the contract interpretation is combined with Legal methodology. Then taking this as an entry point in the absorption of the traditional interpretation methods based on the theory of legal reference depth study of the results and propose a feasible path of contract interpretation. Cognitive-Schema-based interpretation of contract pattern bases on the contract of practice knowledge of the relevant legal methodology with theoretical results, proposed a possible path of contract interpretation. This path emphasizes the main factors of the interpreter and did not abandon the traditional interpretation of the instrumental role. Pattern formation is essentially dependent on the interpretation of the experience, rational and logical interpretation of the contract is only an experience to the conclusions through a "channel." Although the choice of channel is important to the interpretation of the results of self-evident, but the interpretation of conclusions is located in the foundation of the correctness of the experience that is "pre-understanding" above, the logic is explained in the form of objectivity.Taking comparison, analysing as methods to study the path of contract interpretation. Introduction is mainly discussed the theoretical background of contract interpretation path, the path of proposed method of contract interpretation and significance. Conclusion part is a brief summary of the full text.Besides the introduction and conclusion, the main content of the paper consists of three parts totally, which is about thirty thousand words.The first part reviews the fundamental theory of contract interpretation of the methodology in the legal method perspective, focusing on the nature of contract interpretation so on reflection and analysis on the method of contract interpretation. Explainning the reason of study on the nature of the contract separately, that is because the understanding of the nature of contract interpretation in the perspective of legal methodology to explain the path of the base contract. In the new understanding of the nature of contract interpretation and under the legal methodology is reviewed and revised before the vision, and the traditional method of contract interpretation combing theoretical results are also summarized.The second part is the perspective of legal methodology to explain the path of four contracts. This part is mainly by the way of integrating, comparing and analyzing existing in legal method and theory in the interpretation of its projected on the basis of the contract, concluded the path of contract interpretation:logical inference mode, the path of contract interpretation, and other contracts set mode explainning the path, the value of the contract evaluation model and demonstration model to explain the path of contract interpretation path. Above all,the path in the study also analyzes the inadequacies of their own.The third part proposed the developmen of path and improvement of contract interpretation. In the, based on first two parts analysing and drawing on hermeneutics, psychology and other related theoties,cognitive-Schema type of contract interpretation is deleloped. Discussing on the rationality of its own and pointing out its limitations,drawing upon the traditional theory methods overcome its limitations. Finally, on the basis of the perception-Schema of the feasibility of contract interpretation,we builde the operation mode of the the path of contractinterpretation in judicial practice.