Research On Contract Loopholes Filling Rules

Market economy is inseparable from contract law,which promotes the prosperity and development of market economy and protects both the legitimate rights and interests of all parties in economic activities.In civil activities,the parties agree on the rights and obligations of each party through the contract.Perfecting the contract can promote the smooth realization of the purpose of the parties.When the dispute arises,it can also protect its own rights and interests according to the contract and pursue the breaching contractor’s liability for breach of contract.However,signing a contract requires professional legal knowledge.At the same time,the parties need to have a comprehensive and full understanding of the transaction itself.In practice,the contract signed by the parties is often incomplete,which makes it difficult to maintain their rights and interests after the dispute arises.In the related research of contract law,the case of contract incompleteness is called contract loophole.The related research of contract loophole is also an important part of contract law research.It studies the filling method of contract loopholes,and solves contract disputes,especially with contract loopholes.Related disputes have important implications.At present,there are corresponding provisions for the filling of contractual loopholes in the relevant norms of the contract law.The contractual loopholes in different situations can be solved through supplementary or interpretive models,including more comprehensive and feasible measures.However,from the study of these two modes and the analysis of specific methods,it can be understood that the relevant provisions of the contract law are difficult to apply accurately,resulting in differences in the identificatio’n results of similar contractual loopholes.In this paper,the author discusses the types of contract flaws and their causes.This provides an idea for the subsequent targeted finding of suitable filling methods.In the second part of this paper,the existing methods of filling are summarized,and various methods are considered for their shortcomings.In the third part of this paper,combined with the analysis results of the first part and the second part,the shortcomings of the existing filling regulations are pointed out,and the scope of application of the two modes,the criteria for determining the relevant requirements and the defects of the interpretation mode itself are carried out.The fourth part is about the discussions of the third part.In terms of the identification of relevant requirements,the aspects of solving the defects of the interpretation model,and the applicableprinciples of the interpretation and supplementary models,innovative ideas are discussed.