Vettori, Giuseppe --- "The Interpretation According to Human Rights, Fundamental Freedoms and Constitutional Laws (art. 1:102 DCFR)" [2010] ELECD 218; in Micklitz, Hans-W.; Cafaggi, Fabrizio (eds), "European Private Law after the Common Frame of Reference" (Edward Elgar Publishing, 2010)

Book Title: European Private Law after the Common Frame of Reference

Editor(s): Micklitz, Hans-W.; Cafaggi, Fabrizio

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848444072

Section: Chapter 2

Section Title: The Interpretation According to Human Rights, Fundamental Freedoms and Constitutional Laws (art. 1:102 DCFR)

Author(s): Vettori, Giuseppe

Number of pages: 12

Extract:

2. The interpretation according to human
rights, fundamental freedoms and
constitutional laws (art. 1:102 DCFR)
Giuseppe Vettori

1. INTERPRETATION AND RIGHTS
Whenever there is an artistic, literary or legal objective expression, our inter-
pretation comes into play. This has led some authoritative authors to search for
a common element therein1 ­ to reproduce someone else's thought and thus
discover the spectacular, orchestral, literary and philosophic key to the work
that is the object of exegesis. Within such a hypothetical genus, legal interpre-
tations play a specific role dictated by the peculiarity of each text. They must
lay down a principle so as to decide on or to take stands over a conflict of
interests, over a demand for protection or over a relevant ascertainment.
The DCFR confirms well-known rules and lays down some new provi-
sions. Article 1:102 says that the rules are to be read in the light of any applic-
able instruments guaranteeing human rights and fundamental freedoms and
any applicable constitutional laws. Chapter 8 on the Interpretation of contract2
includes a number of ambiguous provisions, some compromises and some
new provisions.
The fundamental principle is the need to reconstruct the common intention of
the parties, even where this differs from the literal meaning of the words (8:101
I). Importance is attached (according to a common law rule, embodied in Article
8 1 CVIM) to awareness of the true intention of a party if, at the time of the
conclusion of the contract, the ...