Contractual interpretation gives meaning to the contract text even if the contract is clear. It follows that the maxim in claris non fit interpretatio is fallacious, since interpretation always presupposes the indispensable contribution of the hermeneutist who interprets the text, even apparently unequivocal, going beyond the linguistic signs, thus understanding the parties’ real will. So who interprets according to pre-comprehensive criteria distorts the right hermeneutic procedure. Faced with the clear text, the judge will not have to betray his function as exegete, but he will have to prudently stick to the words’ meaning. And when the interpreter will register the possibility of an anti-literal interpretation, he will have to motivate the subversion in a logical and rigorous way, without sterile apriorisms.
In claris non fit interpretatio: chiarezza espositiva ed ermeneutica giuridica
CALVO R
2021-01-01
Abstract
Contractual interpretation gives meaning to the contract text even if the contract is clear. It follows that the maxim in claris non fit interpretatio is fallacious, since interpretation always presupposes the indispensable contribution of the hermeneutist who interprets the text, even apparently unequivocal, going beyond the linguistic signs, thus understanding the parties’ real will. So who interprets according to pre-comprehensive criteria distorts the right hermeneutic procedure. Faced with the clear text, the judge will not have to betray his function as exegete, but he will have to prudently stick to the words’ meaning. And when the interpreter will register the possibility of an anti-literal interpretation, he will have to motivate the subversion in a logical and rigorous way, without sterile apriorisms.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
