On Interpretation Of Contract

The contract between the parties or multi-party meaning consistent with their respective rights and obligations, conventions。 The parties sign the contract is intended to clarify their respective rights and obligations, smooth transaction, to prevent and reduce disputes.。 Therefore, the contents of this contract should be clear, complete, terms, the rights and obligations under conventions specific to ensure smooth implementation of the rights and obligations of the parties, prevent disputes and breach of contract, even if there is a dispute and breach of contract, or you can follow the contract more easily resolved。 But more often is people’s ideal, real life, a significant majority of breach of contract and disputes occur simply because the parties to the contract terms of different understanding。 When the Contracting Parties to the contract content dispute, they need to be submitted for judgment of justice authorities, the judge will require on the terms of the contract in accordance with the statutory rules and methods for certification。 Therefore。 contract interpretation of great importance。This article is an introduction and conclusion except, divided into three parts:the first part discusses the significance of contract interpretation。 The author through case studies and research, to effect a clear contract for reasons and purposes, namely, through interpreting the contract, clear the contents of the contract, the contract content specific to an incomplete contract supplement, inconsistent or conflicting contractual content in understanding the real parties as possible reaction means to eliminate differences that reduce disputes。The second part of our contract interpretation in two aspects of serious deficiencies, in:inadequate legislation, specific legislative comparison principle cannot, lack of interoperability; lack of judicial practice, the judge in judicial practice arbitrary large, can not be objective and fair interpretation of the contract, to better safeguard the interests of right owners。The third part, our lack of contract interpretation,, made perfect contract interpretation of two steps:first, from the legislative context in the current legal provisions concerning contract interpretation, further clarified the purpose of contract interpretation; perfect all kinds of contract interpretation factors and various methods of interpretation of the order between; clear contract interpretation of objects should and all materials related to the contract。 Second, from the perspective of judicial practice。 First is the idea that the magistrate who cultivate the good occupational ethics, give full play to the magistrate who initiative for contract interpretation; secondly to limit the judge’s discretion。 The judge of contract interpretation method restrictions in the present legal context, in accordance with the decisions of the General rules for occupational groups, comply with the basic principles of good faith, attain contract interpretation so as to reduce disputes, resolving conflicts。This article was previously published under innovations, the perfection of contract interpretation system, specific binding contract interpretation methods on the reality of contract interpretation problems, propose the perfect solution。...