Research On Trading Habits In Contract Interpretation

Explaining contracts in accordance with trading habits must be strictly limited,and judges should use trading practices carefully to resolve contract disputes.Do not overinterpret the contract,abuse of trading habits is also an important part of the strict rule of law.Trading habits are factual habits formed in practice,not customary law.Trading habits are often used as a basis for determining cases in practice,and more often than not,they play a role in identifying facts rather than narrowly interpreting contracts.The interpretation of the contract is that when the terms of the contract are "controversial in terms of understanding",the judge uses the authority to interpret the contract.Trading habits are not to be “played” when the contract needs to be interpreted,and three preconditions need to be met.The “contract interpreting rules” theory makes the trading habits more explicit in the contract interpretation.When the judge decides that the contract needs to be interpreted using trading habits,the judge needs to conduct necessary investigations of the party's “claimed” trading habits.If the transaction is considered to be in conformity with relevant transaction regulations of the contract law,the judge can be recognized as a trading rule and be included in the judgment.Conduct necessary theoretical arguments to improve the acceptability of contract interpretation.Studying the trading habits in contract interpretation is to make up for deficiencies in legal regulations.It is necessary to distinguish between habits and customary laws when interpreting contracts.Trading habits can be customary when supplementing legal loopholes,but in the interpretation of contracts,the trading habits are illegal.The customary law of the source nature,but as a factual practice.The trading habits are explained in the contract.The contract interpretation is divided into a broad contract interpretation and a narrow contract interpretation.The broad contract interpretation is closer to the judicial judgment and accepted by the judge.The trading habit is in the broad contract interpretation and the narrow judicial interpretation.Both can play an important role.The trading habits are used as the basis for interpreting the contract.The interpretation of the meaning should be carried out under the premise of respecting the party's autonomy.The acceptance of the result of the contract interpretation is the goal of interpreting the contract for itself.The use of trading habits to explain the meaning of the overall respect.There are three preconditions for interpreting a contract by using trading habits: the contract clause “understands controversy”;the interpretation method of trading habits is explained in the interpretation of the theory of rules.Each interpretation method is complementary and mutually compatible;the identification and application of trading habits requires the parties concerned.And the judgment of judges ex officio.Exploring the trading habits to explain the path of contracts,constructing trading habits as materials for interpreting contracts,identifying material standards for trading habits,forming a “quasi-willed” for contractors' interpretation,achieving contract objectives,and limiting the use of trading habits by judges to interpret contracts The careful consideration of judges' contract interpretation behavior is the original intention and purpose of this study,and it is also the long-term pursue direction.