Font Size: a A A

Discussion On The Interpretation Of Contract Main Body And Rules

Posted on:2013-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:X W ZhaoFull Text:PDF
GTID:2246330395988344Subject:Law
Abstract/Summary:PDF Full Text Request
Desirable as between the parties to the agreement, the contract binding both parties.However, the text of the contract is expressed in language, the language itself has limitationsand complexity, often a statement is vague and the statement ambiguous, resulting in acontract of intention is not clear or omission caused the dispute between the parties to thecontract, This requires interpretation of the contract in accordance with certain rules. As animportant part of contract law, contract interpretation system in theory and practice of thevalue of research, this article attempts to start from a case in the form of case studiesillustrates some of the theories and rules of interpretation in contract interpretation. From thecase summed up the direction of development of China’s contract interpretation, contractstandardization facile analysis, to help improve China’s system of contract interpretation.In addition to the introduction, including the merits, the cases focus and differences ofopinion, conclusion, conclusion of four parts.Introduction Part, description of practical significance to study the system of contractinterpretation.The first part of Case introduction Introduced with the merits of the contract disputecases. Including the court finds that the facts of the case, the plaintiff alleged, the defendantargued that the court’s judge the results.The second part of the focus of the case and the differences of opinion. Including thefocus of the case, the Court summarized and both parties in the case differences of opinion.The third part of research findings As a core part of this article, mainly related to thefollowing aspects:1, entered into between the parties co-operative in Indonesia TimberAgreement,"explained the principal: this part through the analysis of the cases, mainly todetermine the main body of contract interpretation. By theoretical analysis, and thenconcluded that the interpretation of the contract the principal should be the referee, and theconcept of contract interpretation in the system of contract interpretation is limited within thenarrow confines of the2,"co-operative in Indonesia Timber Agreement interpretation of therules identified: introduction of various rules of interpretation, initial introduction of the useof contract interpretation rules, and into the case which, according to the example illustratesthe use of rules of interpretation.3views on handling of the case: combination of analysis onthese issues, to present their views on the handling of the case.4, the reflection of the case: the contract should be interpreted with a high degree of attention and more roughcircumstances, strengthen the ability of the referee on the interpretation of the contract fromthe theory and judicial practice in the contract system of interpretation of provisions in theContract Law of China, I also try to proposed the establishment of a case guidance system.
Keywords/Search Tags:Contract interpretation, rules of interpretation, power of interpretationof the contract, basic questions
PDF Full Text Request
Related items