The interpretation of contract has attracted much attention in the practice of contract law and the basic problems to be solved are what the parties agree on and how to set up the rules of adjudication.The present dom...The interpretation of contract has attracted much attention in the practice of contract law and the basic problems to be solved are what the parties agree on and how to set up the rules of adjudication.The present domestic studies are not conducive to contract practices because they either unnecessarily elevate scientific problems to the speculative realm of fantasy,or make the problems become more unreal and abstract.The two traditional theories of contract interpretation do not conflict in values in terms of the autonomy of the will and trust protection.However,in today' s society where cultural pluralism and legal value pluralism exist,because of different contract practices,differentiation and individualization of contract interpretation will become the basic patterns.Therefore,it is impossible and unnecessary to construct a unitary model,but it is of great significance to introduce the dogmatics-oriented contract interpretation.展开更多
文摘The interpretation of contract has attracted much attention in the practice of contract law and the basic problems to be solved are what the parties agree on and how to set up the rules of adjudication.The present domestic studies are not conducive to contract practices because they either unnecessarily elevate scientific problems to the speculative realm of fantasy,or make the problems become more unreal and abstract.The two traditional theories of contract interpretation do not conflict in values in terms of the autonomy of the will and trust protection.However,in today' s society where cultural pluralism and legal value pluralism exist,because of different contract practices,differentiation and individualization of contract interpretation will become the basic patterns.Therefore,it is impossible and unnecessary to construct a unitary model,but it is of great significance to introduce the dogmatics-oriented contract interpretation.
