Axiological Conditions Determining the Selection of Interpretative Criteria in the Contemporary Models of Contract Interpretation
The issue of contract interpretation, examined in both definitional and methodological terms, proves to be substantially related to the private law axiology, including the value system underlying the law of obligations. Special regard needs to be given to the elementary adequacy test, requiring that all the ‘explanatory reasons’ of a contract be considered in the course of interpretation. Assessing the impact of axiological determinants on the manner in which interpretative rules applicable to contracts are structured in particular legal orders shall be reckoned a significant research question. In order to provide an overview of the most recent tendencies in the axiologically conditioned arrangement of contract interpretation models, it is appropriate to integrate the retrospective approach and elements of the comparative study aimed at confronting both civil law and common law frameworks
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