Articles

The Court’s Interference with Contracts by Supplying and Converting the Contractual Terms

Authors:

Abstract

Most modern legal systems have been searching for a legal measure that would help to imply omitted terms as well as rescue the validity of unsuccessfully concluded agreements, and they found such a solution in the concept of supplementary interpretation of contract, an example of which is conversio actus iuridici. The tendencies visible in genere prove that whenever the law provides for too rigorous requirements for private ordering, the idea to supplement, imply, or convert contracts occurs. The presented comparative legal perspective is of great importance for Polish jurisprudence, which generally rejects the concept of supplementary interpretation of contracts, but accepts conversio actus iuridici. The analysis presented in this paper encourages representatives of Polish jurisprudence to wider adoption of the idea of supplementary interpretation of contracts, following the example of foreign legal orders.

Keywords:

interpretationcontractconversionnullityparty autonomy
  • Year: 2022
  • Volume: 18 Issue: 1
  • Page/Article: 76–92
  • DOI: 10.36633/ulr.759
  • Published on 26 Aug 2022
  • Peer Reviewed