Abstract

CELIS VELA, DÚBER ARMANDO. The Nature of the Rules for Contract Interpretation. Analysis of their Conceptual Scope in the Attribution of Meaning of Contractual Clauses. Rev. Derecho Privado [online]. 2023, n.44, pp.117-141.  Epub Feb 03, 2023. ISSN 0123-4366.  https://doi.org/10.18601/01234366.44.05.

The rules on the interpretation of contracts have been reconstructed as mandatory and optional norms in Colombian doctrine and jurisprudence. However, this theoretical-dogmatic qualification fails because it does not account for the nature of the obligations that interpreters have, nor does it explain their practical relevance. This article proposes that such norms can be reconstructed as conceptual rules that fix the meaning of the interpretive activity. The contractual interpretation consists of establishing the common intention from the configuration of a particular and contingent interpretative code that operates as an interpretation criterion or budget for the selection of interpretive results.

Keywords : Contractual interpretation; interpretation directives; mandatory rules; optional rules; conceptual rules.

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