Search
 
 

Display results as :
 


Rechercher Advanced Search

Latest topics
» Duped into guarantor, severe mental health issues
by waylander62 Today at 1:46 pm

» Postal order made payable too...
by waylander62 Today at 1:36 pm

» Record number of folks age 85 and older are working in the US
by Ausk Today at 10:25 am

» The Holes in the Official Skripal Story
by Ausk Today at 10:01 am

» 24 Storey Tower on Fire in Kensington - dies
by Awoken2 Today at 9:50 am

» British Police torture a Man for no reason
by Lopsum Today at 6:49 am

» Threatened bankruptcy proceedings by Intrum
by ande Yesterday at 7:30 pm

» Trickery of Royal Mail Limited and Post Office Limited Making Stamps Obsolete
by Phillpots Yesterday at 5:39 pm

» AA Zero Tolerance
by daveiron Yesterday at 2:36 pm

» NEWS: Gold-Gilded Death Mask Discovered + Egyptian Mummification Workshop | Ancient Architects
by Lopsum Yesterday at 12:53 pm

» Cabot Credit Management Group help needed please
by daveiron Yesterday at 11:13 am

» County Court - Filing Defence
by assassin Yesterday at 2:46 am

» truly reconstituted copy of the Default Notice ??
by waylander62 Sat Jul 14, 2018 6:38 pm

» Data Protection Act 1998
by pieintheskywhenIdie Sat Jul 14, 2018 4:15 pm

» PCN on red route
by eargoggles Sat Jul 14, 2018 11:57 am

» ...Are the papers unbiased?
by ceylon Sat Jul 14, 2018 11:19 am

» debt letters
by QUEENISABELLA Sat Jul 14, 2018 10:54 am

» Joint Giro Credit Slip?
by toolapcblack Sat Jul 14, 2018 10:18 am

» They Live. Good film
by Jackson Sat Jul 14, 2018 7:39 am

» Real Video ,launched
by Lopsum Sat Jul 14, 2018 2:10 am

» Right to delete own content
by Lopsum Sat Jul 14, 2018 2:04 am

» ...The KaK & M@© Show. What is a piece prize?
by ceylon Fri Jul 13, 2018 5:27 pm

» UK Column
by ceylon Fri Jul 13, 2018 3:42 pm

» Diabetics and Pre-diabetics Need To Research This
by Theatchet Fri Jul 13, 2018 3:40 pm

» ...Is Trump telling it how it is? Is simon le bon a sex pest?
by ceylon Fri Jul 13, 2018 10:23 am

» Dont use 'belief' in affidavits for this reason
by handle Fri Jul 13, 2018 9:56 am

» Hi from canada. Information overload?
by Ausk Fri Jul 13, 2018 8:42 am

» ...Englands out and is trump coming?
by Lopsum Thu Jul 12, 2018 10:07 pm

» Papers, please: Sheffield council to demand residents carry ID
by Lopsum Wed Jul 11, 2018 11:35 pm

» Common Law Courts
by daveiron Wed Jul 11, 2018 9:41 pm

» Reality chat with peter howard and company
by Society of the Spectacle Wed Jul 11, 2018 7:06 pm

» Why humans cook food ?
by sleptthroughit Wed Jul 11, 2018 6:54 pm

» Hi from Canada. Do these statagies work in Canada
by Ausk Wed Jul 11, 2018 9:20 am

» ...Is there any news o and is it world cup semi final?
by ceylon Wed Jul 11, 2018 8:31 am

» Topics
by assassin Wed Jul 11, 2018 2:19 am

» NeoCon World Order - Left–Right Paradigm - Cips Clips
by Lopsum Wed Jul 11, 2018 1:45 am

» Lucid Dreamer
by Lopsum Tue Jul 10, 2018 8:33 pm

» ...Is football really so important?
by mitch Tue Jul 10, 2018 6:06 pm

» Latest from CrimeBodge
by daveiron Tue Jul 10, 2018 3:33 pm

» Billing A Local Council?
by Ausk Tue Jul 10, 2018 11:57 am

» ...Is the brexit dream DEAD? Was it ever ALIVE?
by ceylon Tue Jul 10, 2018 11:35 am

» comedy at its best
by El E Mentary Tue Jul 10, 2018 10:36 am

» G'day From Australia
by Ausk Tue Jul 10, 2018 10:01 am

» Graham hart - hoax train
by ceylon Tue Jul 10, 2018 9:42 am

» looking for guidance on this forum
by jo Mon Jul 09, 2018 10:33 pm

» sol excalibre with cookiemonster
by Society of the Spectacle Mon Jul 09, 2018 7:13 pm

» do you know Who's - WHO
by Society of the Spectacle Mon Jul 09, 2018 2:56 pm

Moon phases


European Contract Protocols - Chapter 5

Go down

European Contract Protocols - Chapter 5

Post by assassin on Wed Aug 16, 2017 3:15 am

CHAPTER 5 - INTERPRETATION

Article 5.101 (Ex art. 7.101/ 101A) - General Rules of Interpretation

(1) A contract is to be interpreted according to the common intention of the parties even if this differs from the literal meaning of the words.
(2) If it is established that one party intended the contract to have a particular meaning, and at the time of the conclusion of the contract the other party could not have been unaware of the first party's intention, the contract is to be interpreted in the way intended by the first party.
(3) If an intention cannot be established according to (1) or (2), the contract is to be interpreted according to the meaning that reasonable persons of the same kind as the parties would give to it in the same circumstances.

Article 5.102 (ex art. 7.102) - Relevant Circumstances

In interpreting the contract, regard shall be had, in particular, to:
(a) the circumstances in which it was concluded, including the preliminary negotiations;
(b) the conduct of the parties, even subsequent to the conclusion of the contract;
(c) the nature and purpose of the contract;
(d) the interpretation which has already been given to similar clauses by the parties and the practices they have established between themselves;
(e) the meaning commonly given to terms and expressions in the branch of activity concerned and the interpretation similar clauses may already have received;
(f) usages; and
(g) good faith and fair dealing

Article 5.103 (ex art. 7.103) - Contra Proferentem Rule

Where there is doubt about the meaning of a contract term not individually negotiated, an interpretation of the term against the party who supplied it is to be preferred.

Article 5.104 (ex art. 7.104) - Preference to Negotiated Terms

Terms which have been individually negotiated take preference over those which are not.

Article 5.105 (ex art. 7.105) - Reference to Contract as a Whole

Terms are interpreted in the light of the whole contract in which they appear.

Article 5.106 (ex art. 7.106) - Terms to Be Given (Full) Effect

An interpretation which renders the terms of the contract lawful, or effective, is to be preferred to one which would not.

Article 5.107 (ex art. 7.107) - Linguistic Discrepancies

Where a contract is drawn up in two or more language versions none of which is stated to be authoritative, there is, in case of discrepancy between the versions, a preference for the interpretation according to the version in which the contract was originally drawn up.

avatar
assassin
Admin
Admin

Posts : 1441
Join date : 2017-01-28
Location : Wherever I Lay My Head

Back to top Go down

Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum