BEYOND THE FINE PRINT– COMPARATIVE PERSPECTIVES ON CONTRACT INTERPRETATION –

Abstract

Who holds the power to determine the true meaning of a contract? Is it the intent of those who drafted it, or the legal framework that transcends their individual interests? No longer a mere private arrangement, every contract functions as a living entity, shaping economic, legal, and social relations. This paper examines the enduring tension between subjective and objective contract interpretation, highlighting the clash between party autonomy and the need for legal certainty. It explores key interpretative principles, including the contra proferentem rule as the guardian of the written word, the principle of good faith as a moral compass, and judicial intervention as a tool for social balance. Through a comparative analysis of various legal systems, this research reveals that contract interpretation is not a neutral process but a battleground of ideological and economic contestation. The way contracts are understood and enforced reflects broader struggles over power, fairness, and economic justice. Additionally, this article considers the economic impact of interpretative methods in commercial transactions and assesses the influence of legislative frameworks on judicial decision-making and the economy. By contrasting subjective and objective approaches, this study aims to provide insights into best practices for ensuring fairness, predictability, and efficiency in contract enforcement.