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Study on the Rules of Contract Interpretation
Author: GuoShan
Tutor: LiXianBo
School: Hunan Normal University
Course: Legal Theory
Keywords: Contract Interpretation Rules of contract interpretation Context rules of interpretation
CLC: D923.6
Type: Master's thesis
Year: 2004
Downloads: 199
Quote: 1
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Abstract
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The contract is a binding agreement reached between the parties intention . Due to the complexity and limitations of human language , vague statement , and the statement is ambiguous , often resulting in the contract meaning is not clear or missing , causing the contract to understand the controversy , which requires interpretation of the contract . The contract interpretation system is an important part of the \benefit , in order to further improve the rules of contract interpretation . This paper is divided into three parts : The first part focuses on the legal connotations of contract interpretation , clear thesis object . I first outline the concept of contract interpretation , contract interpretation and then clear the status of contract interpretation system in China's \The second part of the thesis investigated Two Schools contract interpretation system . Traces the historical development of the Roman law and the interpretation of the rules of civil law and common law contracts . Combined with the provisions of the relevant international conventions on the basis of a comparative study of the theory , legislation and principles of civil law and common law of contract interpretation to reveal the modern trends of the rules of contract interpretation . The third part discusses the the legislation status quo of China 's contract interpretation . In accordance with the principles and purposes of China 's \Derived from the analysis of the legal practice of contract interpretation system . In our current contract law , the interpretation of the rules have not been very clear , specific requirements that a contractual dispute between the parties , and no way to reasonably determine the contents of the contract , is not conducive to the protection of the legitimate rights and interests of the parties . For China 's social and legal status quo , with reference to the national legislation , the legislative proposals .
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CLC: > Political, legal > Legal > Chinese law > China and France > Contract Law
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