Language Problems And Solutions In Contract Disputes

Language is the carrier of law and the form of content.Contract is one of the most important legal texts.The Parties put the rights and obligations commonly agreed into the clauses of a contract through language.With the increase of economic activities,disputes caused by contracts are more and more frequent.When dealing with the language problems in the contract disputes or the contract disputes caused by the language problems,whether linguistic theories can be applied to help judges reasonably interpret the disputed clauses,to explore the true intention of the parties to the contract,or to provide solutions to the language problems are crucial.Some researches on law and linguistics have involved some relevant studies on the linguistics and contract disputes.Language has its inherent rules.It is certain that making and interpreting of contracts must be based on language.There is necessity to pay attention to contractual language and the interdisciplinary study of forensic linguistics.This article is intended to apply the theoretical research of forensic linguistics to the legal practice so as to solve practical social problems,and eliminate the obstacles to social and economic development caused by contract disputes.Meanwhile,contracts also provide a rich corpus for the interdisciplinary study of linguistics and law.This paper also aims to discover a new path to solve the dispute contracts,to deal with the social problems,and to eliminate the obstacles that the dispute contracts set in the social and economic development.This paper consists of six parts.First,the paper will clarify the relationship between law and language,to outline the concept of contract,to analyze the characteristics of contract language and to pave the way for the following research and raise the issue of this paper.In the second part,the paper will analyze and summarize the relevant cases on contract disputes to elicit some main language problems in contract disputes.After raising the language problems,the third part will discuss the main causes of language problems from the subjective and objective perspectives,namely the factors of the parties themselves,the uncertainty of language and other objective factors.The fourth part discusses the countermeasures on the abovementioned language problems and the causes of the language problems,including how to use linguistic analysis methods,the rules of interpretation and the principles of good faith and fairness in civil law to explore the true meaning of the parties to the contract.This part is mainly to explore the methods of resolving the language problems of contract disputes in judicial adjudication practice.Some suggestions on how to avoid language problems to prevent contract disputes will be put forward.The last part is a brief conclusion.