IT’S AGREED THAT WE DO NOT AGREEEconomic Analysis of the Contractual Interpretation

Authors

  • Alfredo Bullard

Keywords:

interpretation, contract, agreement, costs

Abstract

It is usual to understand the contractual interpretation as the operation destined to find the sense of a term or condition agreed by the parts in a contract. The present article outlines, nevertheless, that often, interpreting is filling with content an incomplete contract because the parts, actually, used terms that reflect that they did not agree. So, it is not strange that the parts delegate to the interpreter (the judge or the umpire) to come to the agreement  that they could not reach. It will depend if the costs of transaction of putting in agreement are superior or lower than the ones which one could in curto obtain the decision of the interpreter. Sometimes the supossed clarity on what it is wanted, faces somethin gblurred or slightly clear an ditis necessary, by means of the interpretation, togive sense not only to what it was not said, butto what it did not manage to say. Forit, the need to interpret is consequence of agreements, sometimes tacit, of not agreeing in everything.

Author Biography

Alfredo Bullard

Profesor de Derecho Civil y Análisis Económico del Derecho, Pontificia Universidad Católica del Perú y Univer-sidad Peruana de Ciencias Aplicadas.    

How to Cite

Bullard, A. (2014). IT’S AGREED THAT WE DO NOT AGREEEconomic Analysis of the Contractual Interpretation. Revista UNIMAR, 27(3). Retrieved from https://revistasumarianaeduco.biteca.online/index.php/unimar/article/view/140

Downloads

Download data is not yet available.

Languages:

spanish

Type:

Text

Published

2014-03-28

Issue

Section

Artículos resultado de investigación

Altmetric

QR Code
Article metrics
Abstract views
Galley vies
PDF Views
HTML views
Other views