论合同解释.pdf

Abstract

Contract interpretation is of great importance to seek the true
intention of both parties, definite the rights and obligations of both
parties, timely reconcile the dispute about contract and safeguard the
normal social trade order. However the legislation and theoretical
research on the system of contract interpretation has relatively fallen
behind, which urgently needs to be changed. On the basis of this
realization, this dissertation makes a first probe into the system of
contract interpretation starting with the basic theory on interpretation of
contract.
In the process of interpretation of contract, the subjects of contract
interpretation are judges or arbiters, the objects of contract interpretation
are the contractual clauses or papers on which the parties hold different
opinions, and the activities of interpretation of contract shall stand on
the external and objective expression of parties. In nature the
interpretation of contract actually is a kind of judgment of facts on the
true meaning of contractual clauses with the direction of certain legal
values. On the basis of this, the dissertation holds that the interpretation
of contract shall abide by such standards of value as justice, efficiency
and safety, and the dissertation analyzes the reflection of these standards
of value in the interpretation of contract. Regarding the rules of contract
interpretation, the dissertation respectively demonstrates the ways to
mon contractual clauses such as expressive interpretation,
integrative interpretation, intention interpretation and so on. Meanwhile,
considering the special characteristics of standard contractual clauses
and blank contractual clauses, it is necessary to differentially treat with
the interpretation of these clauses in both theory and system. When
interpreting standard contractual clauses, the justice principle shall be
specially emphasized, while interpreting blank contractual c