Capcana contra proferentem în era contractelor standard

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.