On The Supplementary Rules Of Incomplete Contracts

Complete contract requires a series of harsh conditions to support,first of all,it requires the main body of the contract with the "economic man" character.Secondly,the complete contract requirements transaction subject in a perfectly competitive environment,namely the contract parties have complete information in the market,there are enough trading partners,take no transaction cost and contract are not external.Obviously,the reality of the contract is very difficult to have the complete property,because of limited rationality,the party’s own language limitations,transaction costs and other factors,the terms are not stated in detail the unpredictability of future events occur when the contracting parties to the risk of reasonable and adequate distribution,the incomplete contracts are traded normal.That is to say,the contract is generally incomplete,so the contract law is concerned with incomplete contract and incomplete contract.Although incomplete contract has the possibility of causing disputes,it is in full compliance with the requirements of the rapid development of modern society to reach an agreement and save the cost of contracting.Therefore,facing more and more incomplete contract disputes,the identification of incomplete contracts,added to the complete contract,with a reasonable method is determined at this time between the parties rights and obligations,as necessary.But how to solve the deficiency of the content because the contract disputes arising from the judge must become a problem facing all countries,common law and civil law have a mechanism to solve this problem:the supplement system implied terms system and incomplete contract.Implied terms and conditions may indicate that the judge may,according to the circumstances or insert implied terms in accordance with the presumption of law,or insert implied terms in accordance with customary presumption,or insert implied terms in accordance with the presumption of fact.The incomplete contract system in the continental law system also includes some supplementary methods,such as the grammatical complement,the complement of the habit and the supplementary explanation of the contract.According to the law of our country,the supplementary mode of incomplete contract is mainly based on the law of any of the provisions of the supplementary provisions and supplementary provisions in accordance with the supplementary provisions of the contract two.But how should the specific supplement,arbitrary legal provisions and the supplementary contract interpretation in the end what priority application are not clearly defined,easily lead to different judgments,and incomplete contract itself to give judges more discretion,how regulation is also a problem,therefore,to establish a set of effective not the complete contract supplementary rules is very important.In this paper,a comparative study and case analysis method is used to explore the supplementary rules of incomplete contracts.The main sequence of the judges’supplementary incomplete contract is to confirm the establishment of the contract,to identify the type of contract,to supplement the supplementary contract according to the provisions of any law.In addition,if a contract does not indicate a remedy for breach of contract,the judge will finish the work in the future.The remedies for breach of contract are two important ways,one is the actual performance,the other is the damage compensation.In comparison,the actual performance of the benefits of this relief in the form of market mechanisms can fully play the function of the court’s intervention at least.Finally,combined with the actual case,two case of incomplete contract disputes in accordance with the supplementary rules of incomplete contract application,and suggested that the regulation of the incomplete contract in the right of discretion in order to strengthen the due process of the way.