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Interpreting the Terms of the Contract - Coggle Diagram
Interpreting the Terms of the Contract
Dutch law
Haviltex 1981
it is decisive what is the meaning that parties in the circumstances of the case could mutually attach to these provisions and what they could in that respect reasonably expect from each other
Contra proferentem: Art. 6:238 (2) BW
English law
Investors Compensation Scheme Ltd v West Bromwich Building 1998
Interpretation is the ascertainment of the meaning which the document would convey to a reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation
Contra proferentem: s. 69 Consumer Rights Act 2015
French law
Common intention of parties and if the intention cannot be discerned, the contract must be interpreted in the sense which a reasonable person would give it
Art. 1188 CC
Rule of thumb to interpretation: maxims of interpretation Arts. 1189-1192
Interpretation is preferred that gives an ambiguous clause some effect rather than none at all Art. 1191 CC
Clauses must be interpreted in the light of the entire contract Art. 1189 CC
Contra proferentem: an ambiguity in a written contract must be interpreted against the person who drafted it Arts. 1190 & 1602 CC
Art. L 211-1 French Consumer Code
German law
The aim of interpretation is to ascertain the real intention. Interpretation must take place in accordance with fairness and reasonableness taking into account general practice
§ 133 BGB
§ 157 BGB
Contra proferentem: § 305c (2) BGB
EU law
Contra proferentem: European Directive 93/13 on Unfair Terms in Consumer Contracts Art. 5 (2)