Limits of freedom of the parties to the contract in establishing rules for interpretation of its terms

• Варавенко Виктор Евгеньевич

  Viktor E. Varavenko. Far Eastern Federal University. Vladivostok. Russia

• Ниязова Марина Валентиновна

  Marina V. Niyazova. Vladivostok State University. Vladivostok. Russia

The article is devoted to the analysis of the issue of the effect of the principle of freedom of contract in the sphere of the institution of interpretation of a civil contract. The authors conduct a brief review of modern theoretical provisions on the methodology of interpretation and its consolidation in legislation and guiding judicial practice and, on this basis, conduct an analysis and assessment of the terms of model contracts (templates) that provide for rules of interpretation. Based on the results of the study, a general conclusion was made that domestic legislation recognizes the freedom of the parties to the contract in agreeing on and including in the contract the rules for interpreting its
terms, limiting it to the requirement of non-contradiction to the fundamental provisions on the interpretation of a civil contract, the basic ideas and purposes of this institution of contract law.
Keywords: interpretation of a civil law contract, interpretation methodology, interpretation rules, model contracts (templates), private ordering.