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Contract Interpretation



V.A. Maksimov
maximovva@ mail.ru
Deputy Head of the Department of Civil law and Civil procedure, St. Petersburg State University of the Ministry of the Internal Affairs of the Russian Federation, PhD in Law
St. Petersburg

Keywords:

  • a treaty
  • interpretation of a treaty
  • purpose of contract
  • volition
  • expression of will
  • conduct of parties
  • implied terms
  • The article is devoted to the study of two opposite approaches used by civil science in interpretation of a contact: ratio of volition and expression of the will of parties. The author comes to the conclusion that none of the legal orders currently recognizes an extreme approach in interpretation of treaties in their law enforcement and judicial practice: the only difference between legal orders deals with choosing some particular method of combining the above mentioned approaches. While analyzing the problem of interpretation the author studied a number of authoritative international sources and came to the conclusion that modern paradigm of objective interpretation of a treaty is related to the concept of a reasonable person. At the same time there is also a number of special rules in international commercial law dealing with interpretation of implied terms of a treaty.

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