On The Judicial Application Of The Rules Of Contract Interpretation

In recent years,the number of judicial practice in the contract dispute cases showing a rising trend,because the parties have disputes of understanding or the existence of loopholes in the contract dispute cases and accounted for a large proportion of the contents of the contract,the contract disputes interpretation is the key to resolve disputes,namely the contract explanation.China’s "contract law" in the sixty-first,sixty-second and 125 in the provisions of the rules of contract interpretation,these rules provide appropriate guidance for the interpretation of contract judicial practice,play an important role in the treatment of this kind of contract disputes.The correct use of contract interpretation rules,the referee can guide the discovery and understanding of the parties The true meaning,clear and definite the idea is to achieve and make the contract interpretation of the legitimacy of the contract value,an important guarantee for the rationalization.Therefore,based on the provisions in the law of contract interpretation rules of the contract,detailed judicial interpretation methods using various rules of contract,combined with the practice of contract interpretation of relevant cases,analysis of the judicial practice of contract interpretation rules with specific problems and solve the problem of the personal views and Views.Besides the introduction and conclusion the content of this paper consists of three parts.The first part mainly expounds the law 125 th contract in our country stipulates that the rules of interpretation,interpretation,overall interpretation,purpose interpretation of the meaning,interpretation of trading habits,explain the basic meaning of integrity rules and judicial application for details.In addition,also discusses the "contract law" article sixty-first,the provisions of article sixty-second of the loopholes in rules.The second part,combined with the interpretation of contract dispute cases in practice,the judicial application did not clarify the condition of using the rules of interpretation,not to clarify the rules of interpretation using sequence and use the rules of interpretation of proof is not sufficient Such problems are analyzed.The third part,according to the contract interpretation judicial application rules of the problem is proposed in this paper to solve the problem.The personal idea to solve this problem did not clarify the interpretation rules and use conditions,this paper argues that we should make clear rules of interpretation using prerequisite meaning,secondly determine clearly the contract dispute the situation.In addition,in order to better understand how to use the rules of interpretation and the loopholes in rules,also need to understand that the interpretation of contract interpretation and clarify the meaning explanation of.Use of rules of interpretation have priority in judicial practice to clarify the cis position,the need to understand Clear rules along between the basis and the general rules of use overall.Strengthen the use of the rules of contract interpretation demonstration,on the one hand should set the basic content using the rules of interpretation required argument in the judgment,on the other hand,the need to strengthen the rule of the relevant theory of learning contract interpretation,improve their ability to use the rules of interpretation the solution using the argument is not enough problems from the root.