INTERPRETACIÓN DE CONTRATOS: ENTRE LITERALIDAD E INTENCIÓN

Rodrigo Coloma Correa

doi:10.32995/S0718-8072201687

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Keywords

art. 1560 of the Civil Code, features of legal rules, intention of contracting parties, contracts interpretation, literality

Abstract

The paper addresses article 1560 of the Civil Code, concerning the interpretation of contracts. There is a suspicion that this provision lacks application. The paper tackles the issue first by analyzing the provision pragmatic side of language (what is it for?), and then its semantic side (what does this provision mean?). The paper identifies symbolic, techni- cal, conceptual, and interpretative features of the provision under study. Under such framework of analysis, it is emphasized, among other things,

i) the usefulness of the provision to determine what does judges must interpret (not how),

ii) the contribution of the provision to the understanding of what literality stands for in interpretation, and

iii) to focus on the intentional actions of parties –rather than their state of mind– so as to face the hard issue of knowing the intention of the contracting parties.

Details

DOI

https://doi.org/10.32995/S0718-8072201687

Published

September 20, 2019

Issue

No. 26 (2016): Julio - 2016

Section

Artículos de Doctrina

How to Cite

Coloma Correa, R. (2019). CONTRACTS INTERPRETATION: BETWEEN LITERALISM AND INTENTION. Revista Chilena De Derecho Privado, (26). https://doi.org/10.32995/S0718-8072201687

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CONTRACTS INTERPRETATION: BETWEEN LITERALISM AND INTENTION

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