2022
Mihaela GHERGHE, PhD Candidate, Faculty of Law, University of Bucharest, The contra proferentem decoy in the age of standard form contracts
DOI: https://doi.org/10.31178/AUBD.2022.13
Abstract: This
paper analyses the historical evolution of the process of contract
interpretation by recourse to the contra proferentem rule of interpretation –
the interpretation of certain wording in a manner less favourable to the party
that proposed it. By conducting a historical analysis of the framework of the
rule, along a comparative analysis of the manner in which the rule is applied
in various legal systems, we attempted to identify the role of the rule within
the framework of the rules governing contract interpretation and to determine
the manner in which the rule serves its role. Starting from these coordinates,
the study proposes certain alternative mechanisms which might fulfil the same
role, while at the same time decreasing the risks associated with the contra proferentem
rule.
Keywords: adhesion contracts, standard terms, interpretation, contra proferentem.
« back