英國契約法及民事證據法中口頭證據排除法則之研究

The Parol Evidence Rule in English Contract Law and Civil Evidence Law

本文旨在研究英國契約法及民事證據法中口頭證據排除法則(PER)的歷史淵源及當代發展。PER有三項命題。第一命題涉及證據排除法則，已經不復存在。第二命題涉及證明契約內容，是最具爭議的部分，不同見解連動契約法主客觀主義。第三命題涉及解釋契約條款，已經不復存在，但法院確立排除法則保留殘存空間。商業實務上PER以完整契約條款形式存續。

This paper analyses the historical origins and modern developments of the ‘Parol Evidence Rule (PER)’ in English contract law and civil evidence law.
Three strands of the PER are identified by literature. The first strand related to the exclusion of evidence had been abolished. The second and the most controversial strand is connected to the proof of terms of contracts. Different opinions reflect the argument between subjectivism and objectivism of the contract law. The third strand related to the interpretation of contracts had also been abrogated. However, the exclusionary rule reaffirmed by the courts provides some space for it. In commercial practice, PER has been retained by adopting an Entire Agreement Clause.