OF THE COMMON INTENTION OF THE PARTIES IN THE CONTRACTS AND THEIR TRACTS

Abstract

The present work seeks to raise the problem of interpretation in the formation of the contract and its subsequent interpretation if not fulfilled. Finding out what the parties intended when formulating the contract is the objective of the legal operators, given the discrepancy between those who state that the text of the contract does not represent the agreed stipulations and that they differ from the perspectives of both parties.

The determination of the common intention of the parties is therefore the problem that should be established to give a satisfactory response to the law, and this goes through a probative subject, because not only is to assume the theory of the will to indicate that it will not stick to the law. text of the contract but it becomes a duty of motivation to prove that the common intention of the parties is such or that, so that it should be assumed as an object of interpretation the conduct that reveals the meaning that was assumed as the point of arrival of the stipulations, which in theory, were accepted by both parties.

Another discussion that will be addressed is the question of whether it is actually possible to know the true intention of the parties if the debate will only focus on the stipulations regarding the function of the contract and not on the particular intentions.