Interpretation of contract

Question 1

Art. 1192

Answer 1

Clear and precise clauses are not subject to interpretation as doing so risks their denaturation.

Question 2

Interpretation

Answer 2

making an obscure text clear.
One may not interpret clauses that are clear and precise, otherwise, they denature them.

Question 3

Art. 1188

Answer 3

A contract is to be interpreted according (doit être) to the common intention of the parties rather than stopping at the literal meaning of its terms. (plutôt que de s’arrêter au sens littéral de ses termes.)

When this intention cannot be discerned, a contract is to be interpreted in the sense which a reasonable person placed in the same circumstances would give to it.

Question 4

Art. 1190

Answer 4

In case of doubt(cas de doute), a bespoke contract (contrat sur mesure) is interpreted against the creditor and in favor of the debtor, and a standard-form contract is interpreted against the person who put it forward.

Question 5

In case of doubt regarding the interpretation.

Answer 5

The judge interpret the contract against the debtor
and in favor of the creditor.

Question 6

Art. 1191

Answer 6

When a clause is capable of bearing (porter) two meanings, the one which gives it some effect is to be preferred to the one which makes it produce no effect.