Comparative Law and the Interpretation of Contractual Intent (Réflexions Sur L’Interprétation De La Volonté Des Contractants En Droit Comparé)

Abstract:     
This paper uses a comparative approach to analyze legal rules for interpreting contracts. It concludes that the rules of common law systems, continental law systems and international law have converged so that all adopt similar methods for the interpretation of contracts. It also demonstrates that the traditional distinction between objective and subjective methods of interpretation appears to have been discarded in favor of a more pragmatic approach, which takes into account the stakes of the contract, whether of an economic nature or not.

Note: Downloadable document is in French.

Number of Pages in PDF File: 9

Keywords: interpretation, contract, comparative law, method of interpretation

JEL Classification: K00, K12, K33

Accepted Paper Series