I. - Introduction:
general we do not realize the importance of studying the content and origin of words to understand their concept, especially if the words are the content of concepts. For these reasons we shall first analyze the grammatical concept of "interpretation." For the dictionary of the Royal Academy of English Language, the word interpretation comes from the Latin interpretatio, which means "to interpret the action and effect" and to the same dictionary, interpretation is "to explain or state the sense of something, and especially of a text "," explain actions, sayings or events that can be understood in different ways. " In this regard, the teacher Fernando Vidal Ramírez, states that "the interpretation is the act of explaining or declare an expression meaning" , although it is very difficult to define such a manifestation of art and the interpretation of texts, and more specifically in this contract; we express our welcome to this definition, which we believe in our modest position in exact words define what it means to interpret. As you know, in our legislation, contracts means the agreement of two or more people to create, regulate, modify or terminate legal relations of economic nature, as it is indisputable that these agreements enjoy the autonomy of private will, but framed within the parameters that are imposed, such as morality, law, etc.., ensuring it does not affect the order of the law. In this vein, the contract being a legal act and as such a manifestation of the will of the parties , ie the externalization of the internal will to move so dear to the outside world and thus producing the effects so dear by the parties to a contract, need to be interpreted as not to have a clarity that was the real intention of the parties ie the art of interpreting serve in these cases where one party or both were not clear enough or has there been any gaps.
II .- TYPES OF INTERPRETATION: a.
The authentic interpretation .-
interpretation is being performed by the same body that issued the rule , for us to talk of interpretation of law and moved to the realm of contract is interpreted by the parties which agreement finalized one, by way of example in the first point we can cite the rules given by the legislature, the same shall be interpreted by the Congress. On this point, part of the doctrine itself states that this mode of interpretation, is not an interpretation in itself, but it would be a clarification of the real sense that we have tried to pass through the first manifestation.
On this point the maestro Guillermo Lohman says: "... it is clear that the very principle of private autonomy, the authentic interpretation is not bound by the same canons of statutory interpretation for foreign performers to the statement. The real performers are free to establish performance criteria that fit their own interests, apart from those who come legally ordain and attributed to his declaration of intent of those disparate senses would have accrued under such rules, but left intact the rights of others. Notwithstanding the validity of these remarks inexcusable, not to deny jurisdiction to the author of the declaration of intent to clarify, restrict, define or expand the meaning of ambiguous or incomplete volitional issue.
b. The judicial interpretation. -
is the interpretation given in recognition of the administration of justice, ie that is performed by judges or courts ; that it is given when the parties submit a litigation with a third party becomes Judge, in charge of giving real meaning to the statement and thus achieve the specific purpose such as the solution of the conflict. At this point, it is also noted that this interpretation is given based on their judgments or sentences, the same shall become law .
c. Doctrinal interpretation .-
Such an interpretation is given by scholars law. Civil law treaties aim is the work of lawyers who help, guide much of the legislative, not a few cases because the legislature has had to rely on research studies conducted by lawyers to resolve any defects or gaps in the law .
III .- THE IMPORTANCE OF INTERPRETATION OF CONTRACTS:
First on the interpretation of contracts, there are opinions that state that contracts are sufficiently clear as not to be intrepret, ie there is no need to do and secondly there are those argue that all contracts must be clear that this intrepret for may seem, they argue that the clear words is difficult on many occasions. Regarding the second position, the teacher Fernando de Trazegnies Granda, states that any rule must be interpreted, because every rule must be applied within a context has to be embodied in the circumstances. Clarity can not be an easy but an obstacle of knowledge: what is clear is just a first impression that stops us, that slows us down when we should advance our understanding, because it makes us believe that everything is there under our eyes and there is nothing to discover or invent. But if we penetrate further into this apparent clarity, we would see that nothing is simple, nothing is simple, nothing is perfectly ordered, but every rule and in the end, every part of reality, opens to infinity and offers countless worlds of meaning that are multiplied together again is disorganized and organized.
share in position, the entire contract should be interpreted, and adding something else to the main idea, noting that taking into account the commercial traffic that currently lives with nominees, and innominate contracts, some contracts which are not observed, so that problems may affect the validity of some or warn vices, the interpretation must be based on the principle of speed and thus avoid entering bureaucratic issues and facilitating the fluid at different ways of recruiting.
In conclusion, we note that the interpretation of contracts is very important, not only referring to our legislation, but we believe in all the existing laws. Moreover, the interpretation to follow a mere compromise or work more, is an art that only a true performer can play and thereby clarify something dark and unravel a tangle and look for the end-all solution that is most feasible for the parties.
GUEST COMMENTATOR: Alan Felix
Berrospi
Attorney Acosta of the University of Huánuco
Member Vidal, Melendres & Palomino
Lawyers Member of the Peruvian Institute of Civil Law.
--------------------------------------------- -------------------------------------------------- -------------------------------------------------- -------------------
LAW FIRM VALERIANO
JIRON OF ICA 338. 218 Cercado de Lima
FONO: 4281618 - CELL: 999853358
0 comments:
Post a Comment