Research On Trading Habits Conflict In Contract Law Is Applicable

The broad applicability of trade usages in the economic life means that trade usage must be legal, which trade usage is written to the contract law is the inevitable requirement of the basic spirit of the Contract Law what is to encouraging trading and respecting for parties. Therefore, there are several provisions in China’s Contract Law involving the use of trade usage. Facts have proved that in the judicial practice of contract law, the use of trade usage to supplement contract loopholes or explain the terms of the contract is an important way to resolve the contract disputes.However, the diversity of the trade usage brings about the inevitable conflicts among different trade usages in the process of applying contract law. China’s contract law only stipulates that trade usage can be used as the basis of explicating the true meaning of the terms of the contract in the process of contract dispute resolution. But it doesn’t stipulate the conditions of judicial application of trade usage, which means that which kind of trade usage can be the basis for determining the content of contract. Therefore, according to the current law, we cannot solve the problem of conflicts between different trade usages. This brings about some difficult problems to the justice, and results in chaotic situation of different standards in judicial application of trade usage. Then, the function of trade usage has been seriously affected. Therefore, the conflicts among different trade usages in the process of judicial application must be resolved.This paper will use research methods of comparison, giving examples and literature, to classify different types of trade usages so as to analyze different manifestations of conflicting of different trade usages in judicial application. And then, the author will explore the multi reasons of trade usage’s conflict and have a in-depth exploration. At last, on the basis of summarizing many scholars’perspectives, the author will seek possible ways to solve trade usages’conflict from aspects of legislative and judicial. The essence of trade usage is the parties’interest conflict. Therefore, we must take full account of the balance of trading interests of the parties in choosing the way to solve the trade usages’ conflict. Under the premise of respecting the basic spirit of contract law and the principle of the harmony between social and economic, the author will point out the legislative means and judicial means to solve trade usage’conflicts. As a result, it will reach the purpose of playing function of trade usage, taking into account the fair interests of both parties. At the same time, it complies with the contract law’s principle of encourage trading, respecting the parties’meaning autonomy and good faith.