On The Theory Of The Hermeneutics Of Declaration Of Intention

To be a branch of the legal act theory, the interpretation theory of legal act shouldbe comprehensively conducted on the basic of the legal act theory. Althoughinterpretation of the manifestation of intent is a small branch of theory of legal act,Only by understanding the manifestation of intent to understand legal act, the sameapplies to civil law. Though, there are many different conceptions in theory andpractices of our country’s civil laws, which result the relative research on theinterpretation theory of manifestation of intent being uncompleted and confused, avacuum in the research of the interpretation theory of manifestation of intent. Thispaper attempts to make the interpretation theory of manifestation of intent in order,which expects to provide some inspiration for the subsequent researchers.This dissertation includes three sections as followings: index, main body andconclusion，amount to more than20000words. The index mainly introduces thechosen title’s background and meaning, the current lack of the intention as well asexpounding and proving way.There are three chapters in the main body.Chapter1mainly discusses the basic content of the interpretation ofmanifestation of intent. Then, we analyze the relationship between manifestation ofintent and legal act. Talking about the purpose and object of the interpretation ofmanifestation of intent afterwards. Last, discuss the contention between intentionismand eclecticism.Chapter2focuses on the analysis of the relevant provisions of Contract Law ofPeople’s Republic of China,(hereinafter referred to as the "Contract Law")but also with the "Republic of China (Draft)"(hereinafter referred to as the "Draft") of therelevant provisions, we deduced that explains the position on the issue in our country,and to explain the meaning of deficiencies in the system. The analysis of similaritiesand differences between the legal act without declaration of intention, the declarationshould be accepted takes the attributed principle as the target；and the declarationshould not be accepted follows the form idea person’s meaning. Then, giving reasonsfor our civil legislation mode.The last part giving same legislative suggestion by summarizing the whole text.First learned from some foreign instance of legislation.And the text projected threekinds of the principle of manifestation of intent of legislation and the rules of specificmethods that playing a guidance role in juridical practice. To avoiding the conflictbetween the rules applying to,the text giving the rank corresponding. Besides theauthor also giving his expounds about additional explanations and correctinterpretation.The last conclusion part, summarizing the legislative aspirations for the future.