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The Construction Of Contract

Posted on:2016-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y R TuFull Text:PDF
GTID:2296330482966642Subject:Law
Abstract/Summary:PDF Full Text Request
Since the reform and opening up, China has undergone enormous all aspects of change, people’s material living standards have been significantly improved, commodity exchange has become the people’s daily lives, the contract has thus become the people’s lives will be a lot of tools. However, due to the limitations of language, the complexity of the person as an individual difference, perfect or complete the contract does not exist, so that the Central Standing Committee appeared contract issue one way or another in the implementation process,so the contract needs to explain. Therefore, an important part of contract interpretation as contract system, the same has become increasingly important. The main purpose of the contract is to explore the parties to the contract to explain the true meaning, it has become an indisputable conclusion, but how to explore the true meaning of the parties, the case of contract interpretation theorists always controversial issues. Currently, the contract theory to explain the world have taken different, our country will adopt "denotes doctrine," which, contract interpretation theory "means doctrine" supplemented. Judicial practice, has become a question of contract interpretation judges will inevitably encounter, but because of its dual attributes of both legal and factual issues of applicability, therefore, to understand the theory of contract interpretation, often the correct grip contract interpretation, and to apply the law correctly facts of the case is significant. Therefore, I intend this article, by the purpose of contract interpretation, the system object and contract interpretation to understand and elaborate, deepen their understanding of the theory of contract interpretation, with a view to judicial practice to more accurately interpret the application of the theory of contract, the contract dispute processing provides better ideas. At the same time, through analysis and research, combined with the author’s own experience in judicial practice and make recommendations in order to provide a reference for the construction of Contract Interpretation System.The Article is divided into four parts.The first part is to explain the significance of the contract. It combines different countries and different views of scholars, the concept of contract interpretation were analyzed and elaborated the necessity and significance of contract interpretation.The basic theory part of the second contract interpretation, explained the purpose of the contract as the starting point for the development of our country and foreign and explain the theory of the framework contract for the purpose of contract interpretation of the evolution of a comprehensive sort, and then combined with contract interpretation of the purpose of the contract interpretation object and subject are described Finally, the combination of the law of our country, to our current contract interpretation methods are analyzed and research.The third part is the lack of Contract Interpretation System. Through the elaboration of the first and second part analyzes the shortage of Contract Interpretation SystemThe fourth part of the contract proposal is to improve the system of interpretation. Author of operational experience in judicial practice, put forward some suggestions.
Keywords/Search Tags:Construction of contract, Autonomy, Contract Interpretation revocation
PDF Full Text Request
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