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Metoda wykładni umów w projekcie Common European Sales Law (CESL)
The method of contract interpretation in the Common European Sales Law (CESL)
In the article the author thoroughly analyses the combined (subjective-objective) interpretation method and the general principles for the interpretation of contracts provided for in the CESL. Interpretation of contracts has recently become one of the most contentious issues in the law of contracts. There are fundamental divisions among private law and legal theory scholars, as well as among practicing lawyers. The controversies revolve around the notion, the purpose, the nature of interpretation, the methods and directives of interpretation, and the extent of relevant matters that have to be taken into consideration in the interpretation process. The article attempts to highlights those various positions on interpretation and suggests that the concept of interpretation that underlines the Common European Sales Law is the best solution and contributes to overcome a conflict between the two ideal-type methods (subjective and objective). When analyzing the general standard of contract interpretation in the CESL, the author argues that the idea that the combined interpretation method applied in various national legal systems and in the international law (i.e. both: soft law and CISG in particular) is conceptually flawed, outdated and false, should be perceived as an idea based on a misunderstanding. The author argues that so far no better 'legal invention' than the combined interpretation method, supplemented by surrounding circumstances (the relevant matters), as covered by the CESL and the draft of the First Book of the Polish Civil Code, has been found. Therefore, the solution based on the same idea as in the CESL has been used in the First Book of the Polish Project of Civil Code. In consequence, all comments made by the author on the provisions of CESL concerning the method of interpretation and general standards of contract interpretation (Article 58) and the relevant matters (Article 59) are applicable to the Polish draft of Civil Code (Articles 85-87).
| cris.lastimport.wos | 2024-04-10T02:46:40Z | |
| dc.abstract.en | In the article the author thoroughly analyses the combined (subjective-objective) interpretation method and the general principles for the interpretation of contracts provided for in the CESL. Interpretation of contracts has recently become one of the most contentious issues in the law of contracts. There are fundamental divisions among private law and legal theory scholars, as well as among practicing lawyers. The controversies revolve around the notion, the purpose, the nature of interpretation, the methods and directives of interpretation, and the extent of relevant matters that have to be taken into consideration in the interpretation process. The article attempts to highlights those various positions on interpretation and suggests that the concept of interpretation that underlines the Common European Sales Law is the best solution and contributes to overcome a conflict between the two ideal-type methods (subjective and objective). When analyzing the general standard of contract interpretation in the CESL, the author argues that the idea that the combined interpretation method applied in various national legal systems and in the international law (i.e. both: soft law and CISG in particular) is conceptually flawed, outdated and false, should be perceived as an idea based on a misunderstanding. The author argues that so far no better 'legal invention' than the combined interpretation method, supplemented by surrounding circumstances (the relevant matters), as covered by the CESL and the draft of the First Book of the Polish Civil Code, has been found. Therefore, the solution based on the same idea as in the CESL has been used in the First Book of the Polish Project of Civil Code. In consequence, all comments made by the author on the provisions of CESL concerning the method of interpretation and general standards of contract interpretation (Article 58) and the relevant matters (Article 59) are applicable to the Polish draft of Civil Code (Articles 85-87). | pl |
| dc.contributor.author | Rott-Pietrzyk, Ewa | pl |
| dc.date.accession | 2020-04-08 | pl |
| dc.date.accessioned | 2020-04-08T16:21:27Z | |
| dc.date.available | 2020-04-08T16:21:27Z | |
| dc.date.issued | 2012 | pl |
| dc.date.openaccess | 0 | |
| dc.description.accesstime | w momencie opublikowania | |
| dc.description.number | 4 | pl |
| dc.description.physical | 85-118 | pl |
| dc.description.version | ostateczna wersja wydawcy | |
| dc.identifier.doi | 10.26106/dxdp-t989 | pl |
| dc.identifier.issn | 1641-1609 | pl |
| dc.identifier.uri | https://ruj.uj.edu.pl/xmlui/handle/item/153520 | |
| dc.identifier.weblink | http://www.transformacje.pl/wp-content/uploads/2013/01/tpp_4-2012_rott-pietrzyk.pdf | pl |
| dc.language | pol | pl |
| dc.language.container | pol | pl |
| dc.rights | Dozwolony użytek utworów chronionych | * |
| dc.rights.licence | Inna otwarta licencja | |
| dc.rights.uri | http://ruj.uj.edu.pl/4dspace/License/copyright/licencja_copyright.pdf | * |
| dc.share.type | otwarte czasopismo | |
| dc.subtype | Article | pl |
| dc.title | Metoda wykładni umów w projekcie Common European Sales Law (CESL) | pl |
| dc.title.alternative | The method of contract interpretation in the Common European Sales Law (CESL) | pl |
| dc.title.journal | Transformacje Prawa Prywatnego | pl |
| dc.type | JournalArticle | pl |
| dspace.entity.type | Publication |
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