问题 问答题 简答题

合同解释的含义

答案

参考答案:

广义的合同解释指合同从订立到履行以至发生纠纷诉讼时,有关的人对合同及其相关资料的含义进行分析和说明. 

狭义的合同解释专指有权解释,即受理合同纠纷的法院或仲裁委员会对合同及其相关资料的含义所作的有法律拘束力的分析和说明. 

合同解释的客体不仅仅是“发生争议的合同中使用的语言文字”,没有争议的合同文字也同样需要解释. 

而且,需要解释的不仅仅是“合同条文或所用文句的正确含义”,而“是全面考虑与交易有关的环境因素,包括书面文据.口头陈述.双方表现其意思的行为,以及双方缔约前的谈判活动和交易过程.履行过程或者惯例.” 

狭义的合同解释的结果是制作调解书.裁决书或判决书的主要根据之一,对当事人具有强制执行的法律拘束力.

单项选择题
完形填空

The Arhat Who Bares His Heart (开心罗汉)

Here is a story about one of the 18 arhats (阿罗汉) in the Buddhist temple.

Shubo Jia (戌博迦) was a crown prince. He did not really want to become the __21__ of his small state. Instead, he wanted to leave the world of red dust and follow the Buddha and find enlightenment. But he __22__ he had responsibilities to his kingdom.

His younger brother, however, wanted very much to become king, and was __23__ to mount (发动) an armed rebellion against Shubo Jia in order to claim the throne.

And so, to calm his brother and to prevent a war, and above all to pursue the path he had decided he must follow to find enlightenment, he called his __24__ to him, and explained that there was no desire in his heart __25__ the land. All that was in his __26__ was the Buddha nature.

His brother did not believe any of this, for, in his mind, whatever the Buddha nature might be, it could not __27__ with the joy of running a kingdom, even a small kingdom and having everyone obey one’s every command. And so his brother suspected that Shubo Jia was __28__ trying to fool him with some unworthy ruse.

SHubo Jia protested that he was completely __29__. And with that, he pulled __30__ his gown, and the face of a Buddha was seen peering out from the middle of his chest, for indeed in his heart there was only the Buddha nature.

So that is how he is represented in art today. And it is why he is called “The Arhat Who Bares His Heart.”

21. A. head                   B. king                  C. prince               D. ruler

22. A. knew                  B. guessed             C. thought                    D. said

23. A. anxious              B. afraid                C. prepared                  D. interested

24. A. men                   B. father                C. wife                        D. brother

25. A. to rule         B. to take              C. to keep                    D. to follow

26. A. state                   B. power        C. heart                       D. eyes

27. A. compete             B. deal                 C. connect                   D. compare

28. A. certainly             B. justly               C. merely                     D. sincerely

29. A. sincere        B. true                  C. faithful                   D. eager

30. A. down                 B. open                 C. off                           D. out