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The Meaning Indicates The Application Of The Interpretive Norms

Posted on:2021-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:S SunFull Text:PDF
GTID:2436330602497717Subject:Law
Abstract/Summary:PDF Full Text Request
When the civil subject is engaged in civil activities,it is easy to misunderstand and cause disputes.According to which rules to interpret the expression of will,not only affects the legitimate rights and interests of the parties,but also has important significance for the justice and social development.Article 142 of the general Provisions of the Civil Code on the rules of interpretation of expression of intention meets the legal requirements of social development and is conducive to the unification and perfection of the system of interpretation of expression of intention.The civil subjects should be careful when making the expression of their will and fulfill the necessary duty of care.When the other party receives the expression of intention,he should also receive it rationally and accurately understand the intention of the ideologue.When there is a dispute over the expression of intention for interpretation,the imputability should be taken as the basis and rational third party should be taken as the reference standard to make a reasonable interpretation conclusion.Article 142 of the General provisions of the Civil Code has a strong operability in practice and is a legislative innovation.However,this regulation also needs to be improved,and a reasonable normative system of expression of will interpretation should be established.
Keywords/Search Tags:Meaning expression and interpretation, Concensualism, Expressionism, Means of interpretation, Reasonable person
PDF Full Text Request
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