Interpretation of Declarations of Will by Parties to Civil-Law Agreements

Entering into a civil-law agreement always carries legal consequences. One of the most frequent mistakes committed by the parties entering into civil-law agreements is using ambiguous words or phrases in contracts. The interpretation of declarations of will should be distinguished from establishing their legal consequences. The interpretation of a declaration of will is a legal issue, whereas legal consequences of declarations of will may be specified right after establishing the meaning of a declaration of will. It is the interpretation that serves this purpose, but only after taking into consideration the consequences defined by legal norms. Legal interpretation aims at determining what rights a given person has or what responsibilities they are burdened with. The interpretation of declarations of will by the parties to civil-law relations is a complicated process. The directives and methods of interpretation do not always allow for a precise interpretation of declarations of will contained in agreements. To express their will, the parties concluding civil-law agreements tend to use ambiguous and unclear phrases, inconsistent with their actual will, being unaware of the effects a given declaration carries. That is why so many cases end up in court.