| The rules for filling contract avoidances condition that in Articles 510 and 511 of China’s Civil Code.Also,it is academically acknowledged that Article 466 is a method of filling agreement loopholes.The whole can be subdivided into three sections: party agreement supplement,supplementary contract interpretation and arbitrary regulation.Concerning the application of legal rules to fill contract loopholes,Supplementary contract interpretations have unclear boundaries of contract-related clauses.The unclear identification of trading habits,which is the priority of contract dependent clauses and trading habits.Also,it is hard to explain the filling of contract loopholes.The judge’s power of interpretation is difficult to reach a balanced state.Also,the order of application of arbitrary ordinances and supplementary contract interpretation is chaotic.Concerning the difficulties in the rules for filling contract loopholes in China.We can acquire from the experience of the civil law system and the common law system to define the intricacies of each method itself and the order of application of each method.The scope of the relevant provisions of the contract should be defined as the terms of the discussed agreement and the contract terms associated with the loopholes in the disputed contract.For trading habits,it is essential to clear the identified criteria,the effectiveness of different trading habits,and whether the parties to the transaction used to recognize.To resolve the issue of the order in which the relevant clauses of the contract and trading habits are applied.It is important to make it clear that loopholes should be filled first in accordance with the relative clauses of the contract.Because the appropriate clauses of the contract can reveal the true intentions of the parties more than the trading habits.About the toughness of balancing the interpretative powers of judges,considering the purpose of the contract as the foundation of the interpretation of supplementary contracts can not only preserve the initiative of judges but also check the abuse of judges’ powers.If the order of arbitrariness and supplementary contract interpretation is chaotic.It should be clarified that arbitrariness rules shall be applied first in general cases,and supplementary contract descriptions shall be practiced first in special cases. |
