The Rules Of Contract Interpretation In "Contract Law"

The interpretation of contract is not only related to the distribution of rights orobligations and the interests between the parties, more related to the realization or its degreeof the value of contract itself. Current "Contract Law" contains the essence of the continentallegal system, Anglo-American legal system and some international convention. The rules ofthe contract interpretation are mainly through62, article62and article125, which make ourcontract interpretation confirmed preliminary. Because of the diversity and complexity ofcontract disputes in judicial practice, combined with some problems in understanding andapplication of the relevant rules of interpretation our country "contract law" stipulated in our“contract law”, the study on the rules of contract interpretation is especially important.The specific type of contract interpretation can be divided into three kinds, which arerespectively clear interpretation of explanation, supplementary interpretation and correction.This paper mainly discusses the two front types of explanations. Due to different types ofinterpretation, the applicable rules of contract interpretation are not the same. According to theregulations of "Contract Law", the general rules of contract interpretation includes the literalinterpretation, overall interpretation, teleological interpretation, trade practices and theintegrity of explanation, etc. And the rules of supplementary interpretation are mainly inaccordance with article61and article62stipulated. Because the relevant rules ofinterpretation in our contract law have some problems, such as the unclear applicable premise,the confusion for the application of rules and other issues. This article will try to carry on theelaboration, and propose corresponding suggestions.This paper uses the method of comparative analysis, and discusses the rules of contractinterpretation. Main idea of this article is to expound the relevant issues of the rules ofcontract interpretation in order to introduce the thesis of research on the rules of contractinterpretation and analysis the rules regulated in our contract law. Combined with our judicialpractice, this article attempts to give some suggestions about the application of the rules ofcontract interpretation in the judicial practice.The main body part of this article is made up of four parts.The first part is to expound the issues of the comprehensive introduction of the relevanttheories on the rules of contract interpretation. Through the understanding of the necessity of the rules of contract interpretation, and combined with some of the problems existing in theapplication of the rules of contract interpretation, this article would specify how to use therules of interpretation in the following part.The second part is on the rules of contract interpretation. This section makes the relevantprovisions of contract law as the object of research, and carries on the thorough analysis onthe application of the rules of contract interpretation, and specifies those rules whichcombined with related cases in this part.The third part is about the application problems of the article61, article62and article125. This section discusses from the perspective of judicial practice, and puts forward theissues on application of the above articles in the contract interpretation, and analyzes thereasons of the problems.The fourth part puts forward opinions about the application of the rules of contractinterpretation rules. On the basis of the above three parts and drawing lessons from therelevant academic points, and combined with the present situation of our judicialinterpretation of contract, this paper try to clarify the applicable premise of the rules, anddiscuss the relationship between the three provisions in order to put forward somestandardized and operable applicable suggestions about the application of the rules.