Display results as :

Rechercher Advanced Search

Latest topics
» RBS Credit Cards
by Prometheus Today at 11:51 am

» Credit card agreement misfiled and they can't find it!
by Prometheus Today at 11:36 am

» Predictive programming and the music industry.
by Awoken2 Today at 11:27 am

» Roll up, Roll up, Roll up Propaganda time Should you come and get it?
by ceylon Today at 11:21 am

» Police brutality!
by Tlight Today at 11:09 am

» China Banning People From Transit for Bad "Social Credit" Scores and so it begins
by ceylon Today at 10:50 am

by daveystoat Today at 10:50 am

» Ominous Report by Amazon Alexa
by ceylon Today at 10:45 am

» New Chartist Movement
by J@neD0e Today at 9:32 am

» Lowell Solicitors letter of claim
by nautilous Today at 9:16 am

» Lowell Letter of Claim
by nautilous Today at 8:54 am

» 24 Storey Tower on Fire in Kensington - dies
by Awoken2 Today at 12:16 am

» here you are...
by iwanttobefree Yesterday at 11:11 pm

» The Smith-Muntd Modernization Act 2012
by Awoken2 Yesterday at 9:53 pm

» Natwest - Moorcroft and Wescot acting agents - All 3 letters sent... What now?
by jax_puddle Yesterday at 9:27 pm

» Brown all CAPS window letter with "Defendant" visible!
by itheman Yesterday at 9:22 pm

» Reality chat with peter howard and company
by Society of the Spectacle Yesterday at 7:33 pm

» Chartist Movement Will
by ceylon Yesterday at 6:56 pm

» The danger of AI super computer higher intel demons with tripple layer consciousness
by Lopsum Yesterday at 5:16 pm

» Scottish YouTuber guilty of hate speech for teaching dog 'Nazi salute'
by MikeThomas Yesterday at 5:07 pm

» UK Column
by ceylon Yesterday at 3:37 pm

» Crime Farming
by WokeBro Yesterday at 1:25 pm

» ...Do we have any news? No so shell we fill them up with shit?
by ceylon Yesterday at 11:33 am

by ceylon Yesterday at 10:51 am

» Cabot fight
by bluepuma Yesterday at 10:49 am

» Stop The Takeover
by Ausk Yesterday at 7:42 am

» template letters
by daveiron Yesterday at 7:35 am

» Hi everyone , found you again !
by assassin Yesterday at 2:19 am

» '5G Will Kill Our Kids. It's A Bigger Story Than Jimmy Savile!'
by Kestrel Tue Mar 20, 2018 4:06 pm

» More BBC Corruption
by daveiron Tue Mar 20, 2018 2:27 pm

» Chartist Meeting Tom Crawford
by ceylon Tue Mar 20, 2018 12:19 pm

» ...Is ant back? Has sight been fixed?
by ceylon Tue Mar 20, 2018 12:04 pm

» Lowell court claim
by Balfour Tue Mar 20, 2018 9:59 am

» Planting Radish Microgreens
by assassin Tue Mar 20, 2018 1:43 am

» Let's Have Some Tunes thread.
by Awoken2 Mon Mar 19, 2018 10:18 pm

» sol excalibre with cookiemonster
by Society of the Spectacle Mon Mar 19, 2018 8:14 pm

» Yellow Junction box penality ticket
by LionsShare Mon Mar 19, 2018 6:28 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


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.


Posts : 1272
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