Haydulin O. Interpretation in European Contract Law: theoretical and civilistic framework

The dissertation presents theoretical and civilistic frameworks to be taken as a basis of a new general interpretation theory elaboration. Such theory is anticipated to become the basic system of ideas of private law convergence, in particular Europeanization of contract law, through the coordination of the national legal interpretation institutes. According to the concept presented in the dissertation, the system of common methods is formed on the basis of triunique philosophy: philosophical hermeneutics, philosophy of common sense and post-modernism doctrine of the European legal interpretivism. A special methodology is presented as a systemic unity: dogmatic method, comparative method and paradigm hermeneutic method of private law, operating three basic techniques: paradigm reconstruction, discretion and modeling (structuring). Among the applied methods the most efficient are as follows: logical linguistic and sociological methods of content-related document studying and content-analysis. Assessment of this methodology is presented in the separate chapter which is based on the results of elaborating concept of interpretation institute of European contract law.