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Interpretation of the law applicable to the problem of international contracts

Author: JingLei
Tutor: LiJinRong
School: Southwest University of Political Science
Course: International Law
Keywords: The international contract interpretation the conflict of law the application of law applicable law
CLC: D997.1
Type: Master's thesis
Year: 2006
Downloads: 168
Quote: 1
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Abstract


When the international contract is being fulfilled, the disputes of contract interpretations often take place. The contract interpretation can make clear the real will of party, the right and obligation of the contract and protect the trade security of business. The international contract which is particular has makes the differences with the interpretation of ordinary contract, and because of the different law between the countries, legal conflict and legal application are unavoidable while solving the problems of international law interpretation. This paper, analyzing the concept and the legal conflict problems of international contract interpretation, combining its relative independent character and the theories of ordinary contract in this field, consider that the contract interpretation sometimes is independent with contract, and it’ s applicable to the special legal rules that the parties chose at first, then It’ s covered by the applicable law of the contract, the interpretation of the special contract is applicable to the special legal rules.This paper comprises four parts:The first part: Analyzing the concept, aim and cause of interpretation of ordinary contract, combining the particularity of international contract interpretation, this part expand on the general problems of international contract interpretation and touch on its concept , aim and cause briefly. It defines that international contract interpretation is a process to analyze and explain the contract according to the law selected by the conflict regulation of private-international law.The second part: it analyzes the conflicts in international contract interpretation par two aspects of theories. The first one is the main theories of contract interpretation which include three ways: the Real will supposed by the parties, the real will of parties concluded from the langue in contract, the indication objective of contract supposed by the third party after reading the contract The second one is considering the value concluding just, efficiency and security. Because of the various aspects seek by different countries, the different systems of contract interpretation lead to the legal conflicts in the field of international contract interpretation, which establishes the foundation for the third part.The third part : Analyzing at first that the relevant theories of international

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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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