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有些合同由于订立时就具有缺陷或者在订立后情势发生了变化,在执行过程中产生了纠纷。在合同出现纠纷时需要对合同进行解释才能对这些纠纷加以解决,而如何认定订立合同当事双方当事人意思表示的真意,就成了合同解释的关键。在这一问题上,有意思主义、表示主义、折衷主义三种观点,我认为折衷主义更符合中国的现在的实际,但如何折衷则需要根据案件的具体情况来确定。
Some contracts have defects in their implementation or changes in the situation after they are made, resulting in disputes during the implementation process. It is necessary to explain the contract in order to resolve the disputes when there is a dispute in the contract. How to determine the true meaning of the intention of the parties to enter into the contract becomes the key to the contract interpretation. On this issue, there are three kinds of views of meaning, expressionism and eclecticism. I think that eclecticism is more in line with China’s current reality, but how to compromise needs to be determined according to the specific circumstances of the case.