By adopting a hierarchical and progressive analysis method from legal acts to expressions of intention to the intended meaning,it can be determined that the sole requirement for the formation of a contract is the consensus reached through the expression of intention,and the requirements for the expression of intention are the act of expression and the intended meaning.International legislation as well as domestic empirical evidence indicate that the main terms for the formation of a contract,or the intended meanings in the expression of intention,are the parties,the subject matter,and the quantity.Since intentions need to be expressed through actions,and only objectively manifested acts of expression have legal normative significance,the interpretation of expressions of intention should,in principle,adopt a dual model with objectivism(the principle of expression)as the primary focus and subjectivism(the principle of intention)as secondary.In combination with historical interpretation,interpretive purposes can achieve a subjective and objective understanding of legislative intent,as well as an exploration of historical and contemporary contexts.Similarly,the interpretation of expressions of intention and legal acts should also aim at normative purposes,starting from the literal meaning and using interpretive intentions as the destination,with a perspective based on"the usual understanding of a third-party observer in objective reason",to seek the normative consent of the parties evident in the words and actions,and to determine whether a contract has been formed based on this.
关键词
意思表示/法律行为/合同/成立要件/解释
Key words
representation of intention/legal act/contract/essentials of establishment/interpretation
维普
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