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Negotiation related declarations must also be interpreted in the light of textual and extratextual elements since the literal meaning of the words alone is not sufficient

Court Naples, 4 February 2020. Pres. Raffone. Est. Federica Colucci

date: 05.05.2020
Area: Litigation and Arbitration

In the judgment under examination, regarding the interpretation of a contract, the Court of Naples found that the declarations related to the negotiations must also be interpreted considering textual and extratextual elements, since the wording alone is not sufficient. In fact, although the interpretative criteria introduced by the Italian Civil Code in Articles 1362 and following, by virtue of the principle of hierarchy, take precedence over interpretative and additional criteria, it is not enough to “limit oneself to the literal meaning of the words”, but also needs to take into consideration the “overall conduct” of the contractors. In fact, the Court of First Instance states that it is necessary to reconstruct the contractual wishes of the parties considering the overall conduct of the parties, which implies that the textual data alone is not decisive.

Negotiation related declarations must also be interpreted in the light of textual and extratextual elements since the literal meaning of the words alone is not sufficient

Court Naples, 4 February 2020. Pres. Raffone. Est. Federica Colucci

date: 05.05.2020
Area: Litigation and Arbitration

In the judgment under examination, regarding the interpretation of a contract, the Court of Naples found that the declarations related to the negotiations must also be interpreted considering textual and extratextual elements, since the wording alone is not sufficient. In fact, although the interpretative criteria introduced by the Italian Civil Code in Articles 1362 and following, by virtue of the principle of hierarchy, take precedence over interpretative and additional criteria, it is not enough to “limit oneself to the literal meaning of the words”, but also needs to take into consideration the “overall conduct” of the contractors. In fact, the Court of First Instance states that it is necessary to reconstruct the contractual wishes of the parties considering the overall conduct of the parties, which implies that the textual data alone is not decisive.