The Court’s Interference with Contracts by Supplying and Converting the Contractual Terms
Most modern legal systems have been searching for a legal measure that would help to imply omitted terms as well as rescue the validity of unsuccessfully concluded agreements, and they found such a solution in the concept of supplementary interpretation of contract, an example of which is conversio...
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| Format: | Article |
| Language: | English |
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Utrecht University School of Law
2022-08-01
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| Series: | Utrecht Law Review |
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| Online Access: | https://www.utrechtlawreview.org/articles/759 |
| _version_ | 1798002241564573696 |
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| author | Magdalena Bławat |
| author_facet | Magdalena Bławat |
| author_sort | Magdalena Bławat |
| collection | DOAJ |
| description | Most modern legal systems have been searching for a legal measure that would help to imply omitted terms as well as rescue the validity of unsuccessfully concluded agreements, and they found such a solution in the concept of supplementary interpretation of contract, an example of which is conversio actus iuridici. The tendencies visible in genere prove that whenever the law provides for too rigorous requirements for private ordering, the idea to supplement, imply, or convert contracts occurs. The presented comparative legal perspective is of great importance for Polish jurisprudence, which generally rejects the concept of supplementary interpretation of contracts, but accepts conversio actus iuridici. The analysis presented in this paper encourages representatives of Polish jurisprudence to wider adoption of the idea of supplementary interpretation of contracts, following the example of foreign legal orders. |
| first_indexed | 2024-04-11T11:50:04Z |
| format | Article |
| id | doaj.art-a67f9d9b72684ee8b372ddb0ce61ea82 |
| institution | Directory Open Access Journal |
| issn | 1871-515X |
| language | English |
| last_indexed | 2024-04-11T11:50:04Z |
| publishDate | 2022-08-01 |
| publisher | Utrecht University School of Law |
| record_format | Article |
| series | Utrecht Law Review |
| spelling | doaj.art-a67f9d9b72684ee8b372ddb0ce61ea822022-12-22T04:25:25ZengUtrecht University School of LawUtrecht Law Review1871-515X2022-08-0118110.36633/ulr.759471The Court’s Interference with Contracts by Supplying and Converting the Contractual TermsMagdalena Bławat0Assistant Professor at the University of WarsawMost modern legal systems have been searching for a legal measure that would help to imply omitted terms as well as rescue the validity of unsuccessfully concluded agreements, and they found such a solution in the concept of supplementary interpretation of contract, an example of which is conversio actus iuridici. The tendencies visible in genere prove that whenever the law provides for too rigorous requirements for private ordering, the idea to supplement, imply, or convert contracts occurs. The presented comparative legal perspective is of great importance for Polish jurisprudence, which generally rejects the concept of supplementary interpretation of contracts, but accepts conversio actus iuridici. The analysis presented in this paper encourages representatives of Polish jurisprudence to wider adoption of the idea of supplementary interpretation of contracts, following the example of foreign legal orders.https://www.utrechtlawreview.org/articles/759interpretationcontractconversionnullityparty autonomy |
| spellingShingle | Magdalena Bławat The Court’s Interference with Contracts by Supplying and Converting the Contractual Terms Utrecht Law Review interpretation contract conversion nullity party autonomy |
| title | The Court’s Interference with Contracts by Supplying and Converting the Contractual Terms |
| title_full | The Court’s Interference with Contracts by Supplying and Converting the Contractual Terms |
| title_fullStr | The Court’s Interference with Contracts by Supplying and Converting the Contractual Terms |
| title_full_unstemmed | The Court’s Interference with Contracts by Supplying and Converting the Contractual Terms |
| title_short | The Court’s Interference with Contracts by Supplying and Converting the Contractual Terms |
| title_sort | court s interference with contracts by supplying and converting the contractual terms |
| topic | interpretation contract conversion nullity party autonomy |
| url | https://www.utrechtlawreview.org/articles/759 |
| work_keys_str_mv | AT magdalenabławat thecourtsinterferencewithcontractsbysupplyingandconvertingthecontractualterms AT magdalenabławat courtsinterferencewithcontractsbysupplyingandconvertingthecontractualterms |