Rules Of Interpretation Of Declaration Of Intention

To act the interpretation of declaration of intention needs to be carried out through the use of specific interpretation methods.Observe the current academic circles in China,scholars have studied the method of legal interpretation to a considerable degree,but there are still few studies on the methods of interpretation of declaration of intention.The "General Provisions of the Civil Law" has stipulated a general means of interpretation of declaration of intention in our country’s legislation for the first time.Its Article 142 indicates whether there is a Relatively human with the declaration of intention,and divides the methods of interpretation of declaration of intention into the " Need to receive " one and " Do not need to receive "one.And separately stipulated the method of interpretation.However,the provisions of the article are still abstract.How to adopt it in practice is still a question worthy of study.In addition,The "General Provisions of the Civil Law”do not provide general rules for the method of expressing supplementary explanations.Whether it is permissible for judges to apply supplementary explanations in practice for the absence of declaration of intention and,if so,what methods should be adopted,still doubtful.The focus of this article is to analyze and summarize the methods of contract interpretation used by our courts in the process of hearing contract cases,and to appropriately refer to the rules established in common law and jurisprudence and international documents,and to discuss the specific application of the interpretation methods prescribed in Article 142 of the “General Provisions of the Civil Law”.This thesis is divided into four parts.The first part Involves the basic theoretical problems of the methods of interpretation of declaration of intention.Firstly,it clarifies the relationship between the interpretation of declaration of intention,the legal interpretation,the contract interpretation and other related concepts.To lay a good foundation for writing this article.Secondly,we sorted out the theoretical context of the methods of interpretation of declaration of intention,and found out that the principle of the “General Provisions of the Civil Law ” is the unified of subjectivity and objectivity principle.Thirdly,analyze the contradictory relationship between autonomy of intention and trust protection and explorethe value considerations of methods of interpretation of intention in Article 142 of the“ General Provisions of the Civil Law ”.Finally,the analysis of the broad interpretation method,comparatively analysis the interpretative interpretation and the supplementary explanation.Through combing,it is found that the provisions of Article 142 of the “General Principles of Civil Law ” should be interpretive interpretation scope,and supplementary Interpretation is not provided for in the "General Principles of Civil Law".The second part is to analyze several methods of interpretation prescribed in Article 142 of the “General Principles of the Civil Law”.Firstly,according to the civil law theory,the steps to be followed in the interpretation are as follows: subjective agreement of the parties is prioritized;if there is no agreement between the parties,then Seek an objective specification.Then,with a case study,this thesis gives an idea of the method of interpreting meanings,summarizing the meaning of the interpreting method in a number of cases.At the same time,appropriate reference is made to the relevant doctrines,precedents,and international documents of the Anglo-American legal system.On the basis of analysis and summary,using the specific applicable methods summarized in this thesis to analyze the foregoing cases,the application of the method summarized in this paper will be applied.The third part focuses on the meaning of the method of supplementary explanation.In our practice,allowing judges to use supplementary explanation methods to fill in the meaning of the lack of representation is reflected in the objective existence of such things as contractual loopholes.This section uses the filling of contractual loopholes as an example to explore supplementary explanations of declaration of intention.The meaning means that the supplementary explanation first uses the system interpretation and the customary interpretation method to presume the“assumed party meaning”,and if it cannot be presumed,the arbitrary law provisions apply.In addition,in order to prevent the interpreter from infringing on the party’s freedom of contract when carrying out supplementary interpretation work,the application of supplementary explanations shall be restricted.The fourth part is the conclusion of this thesis.Based on the summary of the full text of the article,this thesis abstracts the thinking of the specific application of the methods expressed in the “ General Principles of Civil Law ” : the first should apply the literal interpretation method to explore whether or not there is a substantial difference;then use the method of system interpretation to test whether there is a logical conflict;then make areasonable choice with the purpose of interpretation;when the party’s meaning is incomplete and there is space for customary practice,apply customary interpretation methods to fill in;Principle of good faith with integrity controls total Value orientation.In addition,this thesis also believes that judges can apply supplementary explanations for situations where there is a gap in declaration of intention.The specific method is to first use the system interpretation method to explain,customary interpretation of the meaning of the presumption of the parties,followed by the application of the provisions of the arbitrary law to fill.