A Comparative Law Analysis

Interpretative Methodologies of Contract: A Comparative Law Analysis

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Approaches

• Introduction
• Subjective (mainly adopted by civil law)

• Explain the approach
• Example of application in case law
• Criticisms of this approach
  • Objective (mainly adopted by common law)
• Similar to above
  • Uniform (compromise transnational law)
• Similar to above
• Analysis of the threshold to determine the applicability between 2 steps (because under Art. 8 CISG, if the subjective approach is inapplicable, then the objective approach can be adopted)
  • Comparative Analysis
• Put the criticisms of the approaches side by side to determine which one is better, or whether there is no better approach
• In practice, do the courts apply subjective approach eventually need to apply objective approach anyway if the subjective approach is inapplicable?
  

  Interpretative Methodologies of Contract: A Comparative Law Analysis

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2. Evidence or tools under approaches
   • Literal wording of the contract

• How the approaches treat literal wording of contract
  • Prior negotiations and surrounding circumstances
    • Admissibility
  • The impact of the parol evidence rule
    • Comparative analysis
  • The difference, similarity of the usage of these tools under each approach
    • Subsequent conduct
      • Admissibility
      • Comparative analysis
    • This is where the approaches differ from each other the most. Analyze this. How much care should be given when dealing with subsequent conduct in interpreting contracts?

3. Proposed Amendments to Vietnamese Civil Code
   • Approach to adopt

• Based on the above comparisons, which approach to adopt?
  • Consideration regarding subsequent conduct
  • Legal technique
• Should there be rules on interpretation of contracts AND statements? Or should it be on statements is enough (like Art. 8(1) CISG).
  

  Interpretative Methodologies of Contract: A Comparative Law Analysis

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By admin in Essays on April 14, 2017