The formula for interpreting the transaction content: private-legal aspects of legal enforcement

Anatoliy Kostruba ()
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Anatoliy Kostruba: Vasyl Stefanyk Precarpathian National University

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Abstract: We refer to interpretation as the process of interpreting the subject of knowledge through disclosing its essential features. The result of such process is the subjective formation of certain opinions, content awareness of the relevant subject. It is clear from the above that in the process of interpretation many tools are needed to establish the objective content of legal rules. Techniques (methods) of interpretation are linguistic, systematic, historical, functional, teleological, grammatical and logical interpretation, etc. In the field of private law, the legal formalisation of social connections between persons shall be effected by means of causal-legal (individual) regulation. The agreement, as a means of causal-legal regulation of relations, also requires interpretation of its content. The transaction content interpretation shall include the differentiation and unity of general requirements for the interpretation of legal rules and peculiarities of individual legal regulation of social relations. Ordinary ways of interpreting legal rules shall constitute one segment of transaction content interpretation. The second is the transaction content interpretation on the basis of the formula of interpretation contra proferentem, a fortiori, as well as the equivalent consideration formula, which requires its comprehensive application in order to establish the real intention of the parties under conditions of rationality and goodwill.

Keywords: interpretation of legal rules; interpretation of transactions; content of the agreement; logical interpretation; grammatical interpretation; interpretation of the agreement; contra proferentem; a fortiori; equivalent consideration formula.; : interpretation of legal rules (search for similar items in EconPapers)
Date: 2021-11-21
New Economics Papers: this item is included in nep-law
Note: View the original document on HAL open archive server: https://hal.science/hal-03747071
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Published in Binding Relations in the Aspect of the Regulation of the Civil Code of Ukraine: Prospects of the Legal Regulation, Koretsky Institute of State and Law of the NAS of Ukraine, Nov 2021, Kyiv, Ukraine. pp.13-19

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