合同的解释与解释的合同
发布时间：2018-07-14 08:04
【摘要】：本文旨在探讨合同解释的特点及其原因。首先本文指出合同的解释是为了探究当事人的真意，它是缔约的逆反过程。合同的解释是一个兼采语义解释和历史学解释的过程，历史学解释是语义解释的补充和限制。接着本文讨论了导致合同解释这一特点的原因，它是由合同本身的解释性所决定的。合同是对当事人意志的权威解释。其权威性要求合同解释须以合同文本为依据，而解释性原则要求合同解释的最终目的是寻求当事人的意志。最后本文指出，在我国，，合同解释的客观性的实现不但要求有统一的合同法，而且还要求有人，即法官的因素
[Abstract]:The purpose of this paper is to explore the characteristics and causes of contract interpretation. First of all, this paper points out that the interpretation of contract is to explore the true meaning of the parties, it is a contrarian process of contracting. The interpretation of contract is a process of both semantic interpretation and historical interpretation, and historical interpretation is the supplement and limitation of semantic interpretation. Then this paper discusses the reasons for the interpretation of the contract, which is determined by the interpretation of the contract itself. A contract is an authoritative interpretation of the will of the parties. Its authority requires that the interpretation of the contract should be based on the text of the contract, while the interpretation principle requires that the ultimate purpose of the interpretation of the contract is to seek the will of the parties. Finally, this paper points out that in our country, the objective realization of contract interpretation requires not only a unified contract law, but also the factors of someone, that is, the judge.
【作者单位】： 中国人民大学法学院!博士后北京100872
【分类号】：D923.6
本文编号：2121006
[Abstract]:The purpose of this paper is to explore the characteristics and causes of contract interpretation. First of all, this paper points out that the interpretation of contract is to explore the true meaning of the parties, it is a contrarian process of contracting. The interpretation of contract is a process of both semantic interpretation and historical interpretation, and historical interpretation is the supplement and limitation of semantic interpretation. Then this paper discusses the reasons for the interpretation of the contract, which is determined by the interpretation of the contract itself. A contract is an authoritative interpretation of the will of the parties. Its authority requires that the interpretation of the contract should be based on the text of the contract, while the interpretation principle requires that the ultimate purpose of the interpretation of the contract is to seek the will of the parties. Finally, this paper points out that in our country, the objective realization of contract interpretation requires not only a unified contract law, but also the factors of someone, that is, the judge.
【作者单位】： 中国人民大学法学院!博士后北京100872
【分类号】：D923.6
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相关期刊论文 前1条
1 沈敏荣;合同的解释与解释的合同[J];南京社会科学;2000年01期
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