How shall the Court Interpret the Contract?

The correct interpretation of the contract by the court is crucial for a just solution of disputes arising from the contract.

 

When interpreting the contract the court shall consider the verbatim meaning of the key words and expressions. In case when it is impossible to determine the verbatim interpretation of the contract, it must be ascertained by taking into account other provisions of the contract and compared with its general meaning.

 

If it is not possible to determine the contents of the literal interpretation of the contract, then the general will of the parties shall be ascertained taking into account the general purpose of the contract.

 

At the same time all relevant circumstances, including the negotiations prior to the contract and the communication, as well as the mutual interrelations established in practice, the common business practice, and the subsequent behavior of the parties shall be considered.

 

Source: Iravaban.net

Հետևեք մեզ Facebook-ում

  Պատուհանը կփակվի 6 վայրկյանից...   Փակել