Interpretation of content of a bargain.

Without regard to fixing of bargain in different forms, an important role during realization of bargain is playing its interpretation, id est explanation of its content.

Interpretation of content of a bargain is finding out of authenticity of will and volition of persons, who accomplished a legal transaction.

Bargain is volition, id est an action of person, which represents internal will of such person. If will is expressed unclearly, there are a necessity of interpretation of will of a party of legal transaction and finding out the principles, which such interpretation must be conducted on.

Principles of interpretation of the bargains are set in art. 213 of Civil Code, which determines: 1) subjects of interpretation of legal transaction; 2) rules of interpretation of legal transaction.

Generally the content of the bargain could be interpretated by parties. It’s fully naturally, as exactly parties know better than all, what their will was, that really was at the settlement of a legal transaction and that they gathered to express through will. But in the case of dispute in understanding of the text of the bargain or by party’s demand the interpretation can be executed by court decision. Disputes concerning interpretation of the bargain are usual between parties in case of illegible fixing of terms of the bargain or their dual understanding.

For finding out of content of unilateral legal contract of such “authentic” interpretation, as a rule, sufficiently and a dispute does not arise up in most cases. However, other persons interests of which are violated by an unilateral legal contract can appeal to the court with a claim about protecting of the civil rights from violations from the side of person which accomplished a legal transaction, and unconscientiously interprets it, abusing a civil right (art. 13 of Civil Code).

At interpretation of bilateral or multilateral legal contracts authenticity of divergences in interpretation of those or other terms of the contract is far complicated: in fact, each of bargain’s participants can have the vision of both own will and will of contractor (contractors) by agreement. Therefore, in this case of interpretation of agreement on call of one, both or all parties of legal transaction of decision about interpretation of content of legal transaction can resolve a court.

The rules of interpretation of legal transaction (parts 3 and 4 art. 213 of the Code) must be used both at authentic interpretation of legal transaction by its parties and at interpretation of legal transaction by court. But, if at authentic interpretation the indicated norm of Civil Code has recommendation character, then in the case of interpretation of content of the bargain by court of application of rules of parts 3 and 4 art. 213 of the Code are obligatory.

The rules of interpretation of legal transaction are certain a law on principle of “concentric circles”, id est, at impossibility to interpret the provision of contract by the use of narrow circle of facilities (verbal construction), attracted all new and new criteria of verification of rightness of that or other interpretation of conditions of the agreement.

This system “concentric circles” looks thus:

1) at interpretation of content of legal transaction undertakes to attention identical for content of legal transaction value of words and concepts, and also value of terms (verbal, grammatical construction) generally accepted in the corresponding sphere of relations;

2) in the case when literal sense of words and concepts, and also the value of terms generally accepted in the corresponding sphere of relations does not enable to find out the content of separate parts of legal transaction, their content is set by comparing of corresponding part of legal transaction to content of other bargain’s parts, its maintenance in whole, intentions of the parties (structurally-system interpretation);

3) if neither literal grammatical nor structurally-system interpretation does not enable to set the real will of person, which accomplished a legal transaction, any circumstances which can help to find out accordance of will to actual will of participant (participants) of legal transaction are used: the purpose of legal transaction, content of previous negotiations, withstand practice of relations between parties, customs of business, further conduct of parties, text of typical agreement and other circumstances which have a substantial value (complex interpretation), is taken into account.

Date: 2015-12-24; view: 813