Week 4 Rules Flashcards
Interpretation of the parties agreement F
The court has to find the common intention of the party Art. 1156 CC (Art. 1157-1164 CC)
Exception: unclear terms = according to meaning of the contract and usage
Interpretation of the parties agreement D
The aim of interpretation must be to ascertain the real intention but that interpretation should take place in accordance with fairness and reasonableness taking into account general practice §§ 133, 157 BGB
Interpretation of the parties agreement E
reasonable person having all the background knowledge which would reasonably have been available to the parties in the situation which they were at the time of the contract
Interpretation of the parties agreement NL
The court has to find the common intention of the party –> What could they reasonable expected from each other
Case: Hoge Raad
Contra proferentem rule F
Art. 1162, 1602 CC
Contra proferentem rule EU
Art. 5 (2) Directive 93/13 on Unfair Terms in Consumer Contracts
Contra proferentem rule D
§ 305c (2) BGB
Contra proferentem rule UK
Unfair Terms in Consumer Contract Regulations 1999
Contra proferentem rule NL
Art. &:238 (2) BW
Ad hop gap filling PECL
Art. 6:102 CC
Ad hop gap filling D
§ 157 BGB good faith and sound business practice
Case: Swapping doctors 1954
Ad hop gap filling F
Art. 1135 CC constructive interpretation
Ad hop gap filling NL
Art. 6:248 BW reasonableness and fairness
Ad hop gap filling UK
Does not regard ad hop gap filling instead terms implied in fact
Case: Liverpool City Council v Irwin (1977)
Ad hop gap filling UK
Does not regard ad hop gap filling instead terms implied in fact
Case: Liverpool City Council v Irwin (1977)
