Edited by Hans-W. Micklitz and Fabrizio Cafaggi
Chapter 2: The Interpretation According to Human Rights, Fundamental Freedoms and Constitutional Laws (art. 1:102 DCFR)
2. The interpretation according to human rights, fundamental freedoms and constitutional laws (art. 1:102 DCFR) Giuseppe Vettori 1. INTERPRETATION AND RIGHTS Whenever there is an artistic, literary or legal objective expression, our interpretation comes into play. This has led some authoritative authors to search for a common element therein1 – to reproduce someone else’s thought and thus discover the spectacular, orchestral, literary and philosophic key to the work that is the object of exegesis. Within such a hypothetical genus, legal interpretations play a specific role dictated by the peculiarity of each text. They must lay down a principle so as to decide on or to take stands over a conflict of interests, over a demand for protection or over a relevant ascertainment. The DCFR confirms well-known rules and lays down some new provisions. Article 1:102 says that the rules are to be read in the light of any applicable instruments guaranteeing human rights and fundamental freedoms and any applicable constitutional laws. Chapter 8 on the Interpretation of contract2 includes a number of ambiguous provisions, some compromises and some new provisions. The fundamental principle is the need to reconstruct the common intention of the parties, even where this differs from the literal meaning of the words (8:101 I). Importance is attached (according to a common law rule, embodied in Article 8 1 CVIM) to awareness of the true intention of a party if, at the time of the conclusion of the contract, the other party was aware, or could...
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