Problems of Contractual Interpretation: English and French Law Compared

Abstract

This article undertakes a comparative analysis of some problematic aspects of contractual interpretation in England and France. It considers the aspects of interpretation that have been contentious in English law, how French courts deal with them and the extent to which they have been similarly contentious in France. It then looks at the aspects of interpretation that have given rise to diffi culties in French law and conducts a comparison with English law. The article seeks to show that, whilst English and French law share many similarities, quite different aspects of the law of interpretation have attracted the attention of the courts and commentators in the two jurisdictions. It explains these differences and the contrasting policy choices made in each system. Drawing comparison with France is particularly topical, because French contract law has recently been the subject of sweeping reforms. Show more