Methods of Contracts Interpretation and the Problems of their Limits.
This master thesis analyses methods of contract interpretation and problems of their limits: parol evidence rule, clauses claires et précises, merger clauses, formal requirements of the contract and contract transference.
Nowadays, the principle of freedom of contract applies as a general rule in the majority of all legal systems, which is why methods of contract interpretation must comply with this principle. This leads us to the conclusion that the goal of interpretation is to determine the actual intentions of the parties. However, if it fails, the judge may resort to the objective standard – the reasonable man standard. This general rule is recognized in CISG, UNIDROIT Principles of International Commercial Contracts, PECL as well as in the Lithuanian Civil Code. Notwithstanding this, the United Kingdom, the USA and Russia give priority to the objective method of contract interpretation.
The first hypothesis of this master thesis is: the precision, particularity and the completeness of contracts are strongly influenced by the methods of contract interpretation and the rules of their application that are established in a particular legal system. We have drawn the conclusion that this hypothesis is affirmative, as if actual intentions of the parties have priority over the literal wording of the contract, the clauses of the contract can deviate from the intentions of the parties’ declarations and the... [to full text]
| Identifer | oai:union.ndltd.org:LABT_ETD/oai:elaba.lt:LT-eLABa-0001:E.02~2007~D_20070104_212719-87847 |
| Date | 04 January 2007 |
| Creators | Petroševičienė, Olga |
| Contributors | Rudzinskas, Antanas, Dambrauskaitė, Asta, Pakalniškis, Vytautas, Kudinavičiūtė, Inga, Papirtis, Leonas Virginijus, Gurevičius, Sigitas, Ambrasienė, Dangutė, Usonienė, Jūratė, Zmejauskaitė, Rūta, Mykolas Romeris University |
| Publisher | Lithuanian Academic Libraries Network (LABT), Mykolas Romeris University |
| Source Sets | Lithuanian ETD submission system |
| Language | Lithuanian |
| Detected Language | English |
| Type | Master thesis |
| Format | application/pdf |
| Source | http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070104_212719-87847 |
| Rights | Unrestricted |
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