THE PRINCIPLE OF TREATY INTERPRETATION «CONTRA PROFERENTEM»

The author considers the nature of the principle of treaty interpretation «contra proferentem». It is shown that this principle implies such an interpretation of the contract, where the conditions are interpreted against the person who prepared the draft contract or proposed the formulation of the relevant conditions. Decisions of the Plenum of the Supreme Arbitration court and the Supreme court of the Russian Federation, and one Review of judicial practice are analyzed. The practice of its application by the courts is examined. Correspondence between «contra proferentem» interpretation with principle of treaty interpretation «against professional» is considered, the author's point of view on this issue is given, where the author expresses doubts about this approach to the correlation of these principles of Treaty interpretation. As a result, the author comes to the conclusion that «contra proferentem» perfectly fits into the existing hierarchy of principles of interpretation of contracts, and allows to correct ambiguities, which the parties allowed at the stage of conclusion of contracts.

«contra proferentem»