A Diversified Study Of The Normative Meaning Of The Purpose Of Contract

The purpose of contract is an important concept of China's Contract Law,and it is traceable in multiple fields of Contract Law.However,at present,our country's laws have not clearly defined the meaning of it.There are many problems in judicial practice,such as different courts have different opinions on the criteria for determining the purpose of contracts in the same field;and courts may easily confuse the meaning of the purpose of contract in different fields;the results of the determination of the contractual purpose of specific cases are very different for the interpretation path of the purpose of contract is unclear.There are two interpretation paths for the purpose of contract: subjective interpretation path and objective interpretation path.Because of the differences in theoretical basis and interpretation goals,scholars have disputes about the choice of interpretation path.In addition,as the purpose of contract exists in multiple fields of Contract Law,there are unified understanding modes and diversified understanding modes for the normative meaning of the purpose of contract.Scholars have not yet reached an agreement on which mode should be applied and how to explain the normative meaning of the purpose of contract under a specific mode.However,although there are certain commonalities in the functions of contract purposes in different fields,there are more differences in them.Applying a unified understanding model to its meaning will not meet the purpose of different systems in various fields and cannot fully realize their functions.The experience of diversified trends in foreign laws can be used for reference.And the unified understanding model also does not conform to the basic principles of hermeneutics.Therefore,a diversified understanding model should be adopted.The normative meaning of the purpose of contract in the specific system can be determined based on the normative functions in specific fields and the principles of hermeneutics.Through the study of the foreign laws,judicial practice,the normative function of contract purpose in various systems,and the basic principles of hermeneutics,the following interpretation path should be adopted for the normative meaning of the purpose of contract in China's Contract Law: in the field of dissolution of a contract,the purpose of contract mainly affects the statutory dissolution of a contract,circumstances changes and risk-bearing.In this field,its interpretation is mainly based on the subjective interpretation path,supplemented by the objective interpretation path.In the field of contract interpretation,the purpose of contractmainly affects teleological interpretation and the relationship between different contract interpretations.In this field,its interpretation should adopt a purely objective path.In the field of contract performance,the purpose of contract mainly affects the collateral duty and the method to perform the contract.In this field,its interpretation is mainly based on the objective interpretation path,supplemented by the subjective interpretation path.