Abstract

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Keywords:: purpose of contract; concept of legal techniques; interpretation of contract; realization of thepurpose

Abstract:: What the contracting parties actually think about is always beyond the Rechsfolgewille of thedeclaration of will. So the concept of“ the purpose of contract” is designed to describe the motive and othersubjective intentions of the contracting parties. By using the expression of the purpose of contract，the duty ofloyalty during the negotiation could be illuminated. And with respect to the interpretation of contracts，objectivecriteria of value can be introduced by the concept of“ the purpose of contract” and can be hidden under theexterior of the declaration of will. Furthermore，it conforms to the contracting parties’ expectation by asking theparties to realize their counterparty’s purpose of contract. All in all，the starting point to observe the contractcan be shifted from Rechsfolgewille to the contracting parties’ actual thought by using the technical concept of“the purpose of contract”