Font Size: a A A

On The Interpretation Of The Contract

Posted on:2012-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:J QianFull Text:PDF
GTID:2216330371953230Subject:Law
Abstract/Summary:PDF Full Text Request
Contract between the parties is seen as law. As the limitations of human language, limited knowledge of the parties, the contract likely to cause ambiguity or omission, resulting understanding of the contract dispute, which requires interpretation of the contract. The so-called contract interpretation refers to the meaning of the contract and its data analysis and interpretation, is an important part of contract law, contract law theory and practice is very worthy of study of legal issues, but also with the vital interests of the masses are closely related.This paper is divided into three chapters.The first chapter is to explain the contract ontology. First discusses the origin of the concept of contract interpretation and development process, and focusing on the authors' understanding of the concept of contract interpretation.After this, also discussed the value of contract interpretation, the purpose and nature.The second chapter is a contract interpretation methodology. From the beginning of China's contract law, the principles and rules of contract interpretation to be distinguished, and were discussed. Which focuses on the rules of contract interpretation, and finally with a case on how the judicial practice in the rational use of the principles and rules of contract interpretation published the author's point of view.The third chapter is to explain our contract with the inadequacies of the system to improvevision. First of all,elaborated on China's existing system deficiencies in the interpretation of the contract,after which the author proposed contract interpretation system for improved target point of view.Finally, the combined work of the author's experience of judicial practice, made clear the meaning and interpretation of the rules of the order, the establishment of contracts with Chinese characteristics to explain the concept of case guidance system, and so on. I hope this article will help improve China's system of contract interpretation.
Keywords/Search Tags:Contract interpretation, The principles of contract interpretation, Rules of contract interpretation, Improvement ideas
PDF Full Text Request
Related items