On The Terms Of The Contract Explanation Of Ambiguity And Solutions

Contract is the product of commodity economy development. The contents ofcontract generally are fixed based on the contract clauses. It’s inevitable that theambiguity appears due to different interpretation of the language and other variousreasons. The argument resulting from different understanding of the contract clausesis one of the common reasons for the contract disputes. There’re some statements inContract Law relating to the explanation of the contract clauses’ ambiguity, but nospecific regulations, relatively vague and general as well. Therefore, this thesissubjected with the explanation of contract clauses’ ambiguity and its solutions,illustrating the principle, the method and personal viewpoints on the reasonablemodes’ formation of the explanations of contract clauses’ ambiguity.Chapter One is the overview of contract clauses, briefly stating the definition ofcontract clauses and its characteristics. Meanwhile, Making a comparison on thedifference between the contract clauses’ ambiguity and the contract loophole. Contractclauses’ ambiguity means there’re two or even more different understandings of thecontract clauses, but contract loophole is caused by the lack of contract clauses.Making a comparison on the different causes, what presents and solutions betweenthese two. There’re there main reasons of the contract clauses’ ambiguity,Multi-meanings of the language, individual understanding ability and the cost savingrequirement. Chapter Two is a comparative study on the the theory of contract clauses’ambiguity in Continental legal system and Ango-American law system. Specialmethods are mainly used for some special clauses, such as standard format anddisclaimer clauses. In Continental legal system, there is dispute on the theory ofcontract clauses’ ambiguity, which is connotationism and presentationism. InAngo-American law system, it experiences three stages, subjective principle,objective principle and revised objective principle.Chapter Three introduces the theory and its practices of the explanation of thecontract clauses’ ambiguity in our country by analyzing its relevant legal regulationsand theory. As mentioned previously, there’s no specific laws and regulations. InContract Law, there’re explanations of literal meaning, overall understanding, object,custom and integrity. The principles of public order and local traditions, justice,freedom and the combination of subjective and objective were raised in academiccircles. There’re also similar regulations in International Commercial ContractGeneral Rule and The United Nations’ International Commodity Sales ContractConvention.Chapter Four is about personal viewpoints on the reasonable modes’establishment of explanations of contract clauses’ ambiguity. An analysis of thesubjects of format contract interpretation is firstly made to come up with theviewpoint that parties are the very subjects of format contract interpretation as theyare the contract-maker. Secondly, putting the explanations in a sequence as literalmeaning shall be given top priority, integrity is indispensable from the very beginningto the end; Lastly, Make full use of the experts and scholars and minimize the freedomadjudication of the judges.