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
Date Written: March 1, 2013
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: Suggested Citation