Part I The General Part, 2 Comparative and Theoretical Perspectives

Subject(s):

Construction of contract — Formation of contract — Interpretation of contract

This chapter first considers civil law jurisdictions and various international legal instruments and their approach to the construction of contracts. In particular, the chapter focuses on the objective/subjective debate and the admissible evidence. It then looks at the international restatements of contract law, which are committed to a subjective theory of contract, such as is found in civil law countries. Next, the chapter considers a more theoretical perspective in the topic of contractual interpretation, and introduces the relevant literature to that effect. Such wider perspectives have been a source of recent developments—and may continue to be the source of future developments—in this field.