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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Print publication date: 2013

Print ISBN-13: 9780199677344

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677344.001.0001

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Objectivity and Subjectivity in Contract Interpretation

Objectivity and Subjectivity in Contract Interpretation

Chapter:
(p.455) 36 Objectivity and Subjectivity in Contract Interpretation
Source:
Judge and Jurist
Author(s):

Phillip Hellwege

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199677344.003.0036

This chapter discusses objectivity and subjectivity in contract interpretation. It first considers the subjective approach prevailing in the German legal system. It then turns to Scots law, which is said to follow an objective approach to contract interpretation. It addresses the question what is it that makes Scots law so distinctively objective. The chapter then discusses international and European instruments of legal unification and harmonization.

Keywords:   Scots law, contract law, objective approach, subjective approach, legal unification, harmonization, European law, German law

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