Analysis of Expression of Intention and Interes of Parties to Contract
|Keywords||Contract Parties Meaning that the true Hidden behavior|
In May 1994 , He Xinlan Gansu Province, construction and transportation companies signed a content contains transaction ownership housing \After provisions of the lease contract of more than 20 years partially invalid due to take effect in 1999 , \Then Gansu Province Construction and Transportation Company v. He Xinlan to court for this reason . Case after two trials , the final declaration He Xinlan losing . I believe that this decision out of the rigid application of the law bars only , no combination of objective facts accurately understand the true meaning of the contract parties . To be the contractual parties intention to do theoretical analysis to this article . Text of six chapters , specific ideas First, make sure that the parties to a contract Contracting contract with the real meaning of the buying and selling houses . Secondly , finds the meaning of rental housing in the contract , said untrue . Again , discusses the contract the parties intention freedom of form , in order to ensure that the substance of the contract for the sale of real and effective . Specifically described as follows: The first chapter focuses on the merits detailed description , and focus on an objective analysis of the facts of the case . On this basis that the support He Xinlan party 's position , and thus extended the contract parties intention of this this article argument . The second chapter describes the meaning of that real concept and theory , and relevant theoretical research and assessment . And thus make a judgment on the parties of the contract in this case the true meaning of the buying and selling houses . Introduced the meaning of that the unreal concept and four forms specific to the circumstances of the case , identify the parties to a contract on the lease mean unreal unreal form of the analysis of four kinds of meaning . And discusses the meaning of that is untrue applicable in the administration of justice . Chapter III of the the intention form of discourse and analysis , certainly in the case accurately determine the circumstances of the parties to the contract meant Parties to the choice of the form of contracts , freedom and legitimacy .