Law 2101 Study Guide - Quiz Guide: Socalled, Legal Certainty, Antihistamine
Document Summary
Maxims of interpretation; contra proferentem rule: civil codes in french legal tradition typically provide rules of thumb to help interpret contracts. These maxims of interpretation can also be found in italian, spanish and. 1268 of the new romanian civil code of 2011: clauses must also be interpreted in the light of the entire contract. 5:107: contra proferentem, the best-known interpretation is the so-called contra proferentem. This rule entails that an ambiguity in a written contract must be interpreted against the person who drafted it, providing deterrence against sloppy drafting: all european member states have adopted this rule. Contract can never provide for all eventualities. The court then has to supplement the interpreted party agreement through gap filling. This can take place on an ad hoc basis and the use of default rules. Germany in german law, this is supplementing interpretation of the contract, based on the general provision on interpretation. France the french speak of interpretation creatrice (constructive interpretation).
