Jump to ContentJump to Main Navigation
Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
Users without a subscription are not able to see the full content.
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

ContentsFRONT MATTER
Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 29 October 2020

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .