| 英文摘要 |
A contract is established where the parties have an intent to be bound by a contract in addition to an agreement between them. The intent to be bound is manifested by the declaration of intention of the parties. Under the prevailing comment of scholars, the subjective elements of the declaration of intention (i.e., the intent of effect and intent of declaration) are not the fundamental requirements to set up a declaration of intention. The end result is that the only requirement to establish a declaration of intention is the external act of the parties, without taking into account of the parties’ subjective intents. This conclusion is contradictory to the basic idea that a contract can be established only after the parties are willing to be bound by it.
This paper contends that where the intent of effect is not the basic requirement of a declaration of intention, the intent of declaration is such a basic requirement, which demonstrates the parties’ willingness to be bound by a contract. The intent of declaration includes both a subjective and an objective intent of declaration, with the latter being judged by the good faith and social customs. As a result, a declaration of intention cannot be established where a party has neither a subjective nor an objective intent of declaration. |
