The Application Of Article 466 Of The Civil Code

A contract is an agreement reached through negotiation between the parties in order to realize their respective interests,due to factors such as foresight,language expression,conflict of interest,etc.,in practice,the parties to the contract usually dispute the terms of specific terms,at which time it is necessary to explain it and clarify it.Contract interpretation is not only the process of judicial adjudicators interpreting the content of the contract,but also the judicial practice process of the adjudicators reasonably weighing the rights and obligations of the parties to the contract.Therefore,the correct application of the contract interpretation method can not only guide the adjudicator to clarify the true intention of the parties and clarify the adjudication ideas,but also ensure the legitimacy and rationalization of the conclusion of the contract interpretation.However,due to the influence of the diversity and complexity of contract interpretation disputes in judicial practice,there are still some problems in the standardized application of contract interpretation methods,which need to be improved.Although the newly implemented Civil Code has improved the method of contract interpretation,the relevant provisions are still somewhat concise and general,and they do not have a strong operability,so they will encounter some obstacles in judicial application.Therefore,the purpose of this article is to analyze the improvement content and practical significance of Article 466 of the newly revised Civil Code from the perspective of Article 466 of the newly revised Civil Code,and to explore the current situation and reasons for its judicial application in combination with relevant judicial practice,and then put forward the prospect of its future application,in order to interpret the terms of the contract dispute more reasonably and accurately,balance the interests between the parties,and ensure that the contract can be performed fairly and reasonably.There are four main parts of this paper,the first part analyzes the necessity and connotation of contract interpretation,and then leads to and analyzes the new and old legal provisions involving contract interpretation methods.The second part explores the improvements made by the Civil Code to the method of contract interpretation,including the legislative improvement of the objectives of contract interpretation,the distinction between the order of contract interpretation methods,the interpretation of the nature of new contracts and the changes in contract interpretation rules of different texts,and analyzes the practical significance of the revised contract interpretation methods.The third part explores the problems of insufficient flexibility in the application of the semantic interpretation method,limited application of the overall interpretation method,abuse of the purpose interpretation method,and lack of argumentation in the application of the contract interpretation method in judicial practice in the application of article 466 of the Civil Code,and analyzes the causes of this application problem.The fourth part puts forward the prospect of improving the application of Article466 of the Civil Code.Specifically,based on the textual interpretation of the contractual dispute clause itself,combined with the text,comprehensively interpret the true intention of the parties through the overall interpretation,confirm the interpretation conclusion with the help of the contractual purpose of the parties,balance the interests through the nature of the contract,refer to the trading customs and practices,follow the The principle of good faith and the measurement of interests are used to protect the rights and obligations of the parties to the contract.