文档介绍：湘潭大学
硕士学位论文
论合同解释
姓名:龚新连
申请学位级别:硕士
专业:民商法
指导教师:彭熙海
20050730
Abstract

Contracts, as the dominant mode of rights and obligations of debts,
take the largest amount in civil disputes in the developing process of
market economic. Contract interpretation plays an important role in the
settlement of disputes, for when disputes arise, it is a vital to dispute
settlement. As for the implication of contract interpretation, distinct
understandings of it also exist in Anglo - American law system and
Continental law system. Nevertheless, principles of contract
interpretation (Declaration of wills and Autonomy of the will),
progressively tend to be integrated on the background of economic
socialization. Principles of Eclecticism became established in the legal
system of countries. Contract interpretation system, after the
accelerating development of market economy, is gradually improved.
However, there is still a long way to satisfy the need and catch the speed
of market economic in western countries. There is still a large room to
amplify the prescriptions of contract interpretation in Contract Law.
Then we make it more practical and avoid the abuse of declaration of
contract invalidity. This paper renders a theoretical introduction of the
concept, subjects and objects, nature and basic questions of contract
interpretation. Then go further to the dissertation of factual emergency,
value, significance and propriety of contract interpretation as a legal
system. Moreover, the paper dissertates bination of rules of
Declaration of wills and Autonomy of the will. Finally, the author, from
present situation of contract interpretation and state of our nation, holds
that we should mainly adopt declaration principle, with an aim to
promote fair-trading and regulation of judges’ discretion. Further, the
author bring forward the some concrete ideas on how to realize the
standardization of contract interpretation
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