Interpretation of Contracts – Prospective European Regulation from the English and German Point of View

Dannemann/Vogenauer (eds.), The Common European Sales Law in Context – Interactions with English and German Law, Oxford University Press, March 2013, Forthcoming

48 Pages Posted: 19 Feb 2013

See all articles by Gerard McMeel

Gerard McMeel

University of Bristol - School of Law

Hans Christoph Grigoleit

Ludwig Maximilians University of Munich - Faculty of Law

Date Written: March 1, 2013

Abstract

The article explores the rules governing the interpretation of contracts from a comparative perspective. The regulations of the Common European Sales Law and the model rules of the Draft Common Frame of Reference are contrasted with English and German Law. The study shows that the prospective European regulation is largely based upon a subjective and good faith oriented doctrine while it rejects a rather objective and formalistic approach. Thus, the basic lines of the European reform projects are very much in accordance with German law but they differ greatly from English Common Law.

Keywords: Interpretation, Contracts, Comparative, Common European Sales, Law, Draft, Common, Frame of Reference, German Law, English Law

JEL Classification: K00, K12, K33

Suggested Citation

McMeel, Gerard and Grigoleit, Hans Christoph, Interpretation of Contracts – Prospective European Regulation from the English and German Point of View (March 1, 2013). Dannemann/Vogenauer (eds.), The Common European Sales Law in Context – Interactions with English and German Law, Oxford University Press, March 2013, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2221051

Gerard McMeel (Contact Author)

University of Bristol - School of Law ( email )

Wills Memorial Building
Queen's Road Clifton
Bristol BS8 1RJ, BS8 1RJ
United Kingdom

Hans Christoph Grigoleit

Ludwig Maximilians University of Munich - Faculty of Law ( email )

Geschwister-Scholl-Platz 1
Munich, 80539
Germany
+49 (0)89 / 2180 - 1471 (Phone)

HOME PAGE: http://www.jura.uni-muenchen.de/personen/grigoleit_hans/index.html

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