Study on the Principles of Interpretation of Declaration of Intent

Abstract

The principle of interpretation of declarations of intent has long been plagued by the theoretical dilemma of the binary opposition between "will theory" and "declaration theory." Both "will theory," which takes the standpoint of the declarant, and "declaration theory," which adopts the perspective of the recipient, unilaterally emphasize one side. The interpretation principle of declarations of intent in China's Civil Code distinguishes between declarations with or without a counterparty, adopting a dualistic model that incorporates both "will theory" and "declaration theory." However, this approach still fails to eliminate the inherent defects of the theory of declarations of intent, presenting challenges in both theory and practice. Based on this, by analyzing theories such as the "new monism" proposed by domestic scholars and the "reconstruction of the concept of declarations of intent" proposed by Professor Larenz in Germany, this paper aims to provide new pathways for the interpretation principle of declarations of intent.