Interpretation of Declarations of Will by Parties to Civil-Law Agreements

Agnieszka Malarewicz-Jakubów

doi:10.2478/slgr-2013-0002

Abstract

Abstract Entering into a civil-law agreement always carries legal consequences. One of the most frequent mistakes committed by the parties entering into civil-law agreements is using ambiguous words or phrases in contracts. The interpretation of declarations of will should be distinguished from establishing their legal consequences. The interpretation of a declaration of will is a legal issue, whereas legal consequences of declarations of will may be specified right after establishing the meaning of a declaration of will. It is the interpretation that serves this purpose, but only after taking into consideration the consequences defined by legal norms. Legal interpretation aims at determining what rights a given person has or what responsibilities they are burdened with. The interpretation of declarations of will by the parties to civil-law relations is a complicated process. The directives and methods of interpretation do not always allow for a precise interpretation of declarations of will contained in agreements. To express their will, the parties concluding civil-law agreements tend to use ambiguous and unclear phrases, inconsistent with their actual will, being unaware of the effects a given declaration carries. That is why so many cases end up in court.

Highlights

Entering into a civil-law agreement always carries legal consequences
The interpretation directives may be contained in legal provisions and this is when they are binding on the body applying the law, just like any legal norm
The subject of interpretation is a declaration of will considered in a particular factual situation with the accompanying circumstances, regardless of the fact if this declaration is a result of a one-sided legal transaction, or if it is an effect of a two-sided act, for instance in the form of a contracted agreement

Summary

Introductory remarks

Entering into a civil-law agreement always carries legal consequences. One of the most frequent mistakes committed by the parties entering into civil-law agreements is using ambiguous words or phrases in contracts. In reference to the circumstances in which a declaration of will was made, it should be observed that in the process of making an interpretation they constitute a relevant criterion for the evaluation of its content since they introduce a situational context of revealing the internal will of the declarant, except that only the perceivable external circumstances of making a declaration may be of legal significance, whereas the subjective belief of the declarant does not carry this kind of weight This view may be supported by the necessity to ensure safety of legal transactions and that is why the risk of erroneous expression of internal will is a burden on the declarant and not on the recipient. The established customs are the common practice in relation to a certain conduct which, just like the principles of social co-existence have not been classified, but are commonly used both in internal and international relations. (Doliwa, 2012, p. 261)

Interpretation of declarations of will

Interpretation of agreement and its purpose

Conversion of an invalid legal act

Conclusions