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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 April 2021

Objectivity and Subjectivity in Contract Interpretation

Objectivity and Subjectivity in Contract Interpretation

(p.455) 36 Objectivity and Subjectivity in Contract Interpretation
Judge and Jurist

Phillip Hellwege

Oxford University Press

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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