Leiden University Scholarly Publications

Persistent URL of this record https://hdl.handle.net/1887/3620931

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    • Chapter 5
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    • Chapter 6
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Hendrikx, A.M.M. (2023)

Methoden van contractsuitleg: een model voor de uitleg van een overeenkomst

Doctoral Thesis
This research identifies a model for the interpretation of a contract under Dutch law. The model answers the question of which method should be applied to interpret a contract in the contest of a specific case, considering existing legislation, case law and legal doctrine. The model indicates which method of interpretation (e.g., the objective-oriented method of interpretation) is applicable, based on a case specific selection and assessment of sources of interpretation (such as ‘the linguistic meaning of the wording’, ‘the pre-contractual phase’ or ‘trade usages’) by using contextual factors (e.g., ‘the nature of the contract’, ‘the nature and knowledge/experiences of the parties to the contract’ and ‘the manner of the formation of the contract’). A suitable method of interpretation can be identified and applied by selecting and balancing sources of interpretation in light of contextual factors. The model provides guidance on contract interpretation to parties engaged in a...Show moreThis research identifies a model for the interpretation of a contract under Dutch law. The model answers the question of which method should be applied to interpret a contract in the contest of a specific case, considering existing legislation, case law and legal doctrine. The model indicates which method of interpretation (e.g., the objective-oriented method of interpretation) is applicable, based on a case specific selection and assessment of sources of interpretation (such as ‘the linguistic meaning of the wording’, ‘the pre-contractual phase’ or ‘trade usages’) by using contextual factors (e.g., ‘the nature of the contract’, ‘the nature and knowledge/experiences of the parties to the contract’ and ‘the manner of the formation of the contract’). A suitable method of interpretation can be identified and applied by selecting and balancing sources of interpretation in light of contextual factors. The model provides guidance on contract interpretation to parties engaged in a dispute about the meaning of the contract, and persons who need to solve such a dispute, such as judges and arbitrators. The law of evidence will also be considered. The model, as identified under Dutch law (see Chapters 2 to 5) will be evaluated and both foreign legal systems (English and French law) and transnational principles (the PECL, the DCFR and the PICC; see Chapters 6 to 8) will be considered.
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Interpretation of contracts
Methods of interpretation
Sources of interpretation
Contextual factors
All authors
Hendrikx, A.M.M.
Supervisor
Snijders, H.J.
Committee
Breedveld-de Voogd, C.G.; Hijma, J.; Tjittes, R.P.J.L.; Wissink, M.H.
Qualification
Doctor (dr.)
Awarding Institution
Institute of Private Law , Faculty of Law , Leiden University
Date
2023-06-20
Title of host publication
Recht en Praktijk – Contracten- en aansprakelijkheidsrecht
Publisher
Deventer: Wolters Kluwer
ISBN
9789013172966

Publication Series

Name
CA26