How to Interpret a Contract
- Buying an apartment in Israel
- The Sales Contract
The rules regarding the interpretation of a contract are complicated.
Supreme Court justices do not agree on the matter, and even the last word has not yet been said. At the same time, there is no doubt that to stand on stable ground, it can be noted that according to everyone, the objective interpretation of the contract’s provisions carries a very heavyweight in the interpretation of the contract.
Justice Barak, in Aprofim s judgment, ruled that in the interpretation of a contract, the faithful and common intent of the parties should be investigated without being limited to the expressions they used. In the confrontation between the language of the contract and the intent of its perpetrators, the last hand is the upper hand. Elsewhere it was determined that “it should be given decisive weight in the interpretation of the agreement.”
It should be borne in mind that the Contracts Law was amended after appalling judgments, and section 25 (a) of the Contracts Law stipulates that “a contract shall be construed according to the judgment of the parties, as implied by the contract and the circumstances, according to his language. “