The paper examines the ways and principles of interpretation of the contract. The purpose of the study is to build an algorithm for interpreting unclear terms of the contract, which can be used in court while resolving civil disputes. The research methods are: formal-legal, analysis and synthesis, generalization, comparative-legal.The article reveals the use of three main ways of interpretation by Russian and foreign courts: textual, systematic, volitional, and additional - the interpretation of “contra proferentem”. These methods of interpretation in Russian law are enshrined in Article 431 of the Civil Code of the Russian Federation and in the practice of higher judicial bodies. It is revealed that the activity of the court in clarifying the meaning of unclear contractual terms is amenable to algorithmization. The algorithm of contract interpretation can be presented as follows: the first stage is the application of textual interpretation, the second stage is the application of systematic interpretation, the third stage is the application of volitional interpretation, and finally, the fourth stage is the interpretation of “contra proferentem”. At the same time, the court must interpret the terms of the contract in their relationship with the general principles of civil law, as well as proceed from the reasonableness and good faith of the parties of the contract.The short conclusions, formulated in the research: 1) while interpreting the terms of a contract, it is necessary to proceed from the balance of textual and volitional interpretation; 2) it is inadmissible to substitute the freedom of contract for judicial discretion; 3) the interpretation «сontra proferentem» is a way to make the principle of the equality of parties real, but not formal; 4) the list of interpretation methods, fixed in CC of RF and formulated in practice of higher judicial bodies, should be regarded as a flexible algorithm of intellectual activities of the court on clarifying the meaning of unclear terms of a contract.
| Mualliflar | Kirilova, Nadezhda, Кирилова, Надежда |
|---|---|
| Jurnal | Жамият ва инновациялар / Общество и инновации / Society and innovations |
| Nashr sanasi | 2021-03-13 |
| Jild | 2 |
| Son | 2/S |
| Betlar | 1-9 |
| Til | Rus |
| DOI | 10.47689/2181-1415-vol2-iss2/s-pp1-9 |
DOI: 10.47689/2181-1415-vol2-iss2/s-pp1-9 · Maqolaning asl sahifasi
Уяснение смысла, условий договора, Способы и принципы толкования, Иерархия способов толкования, Understanding the sense of contract terms, Ways and principles of interpretation, Hierarchy of interpretation methods
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