Judicial Interpretation of Commercial Contracts in English and French Law: A Comparative Perspective

In this paper, I consider whether the recent overhaul of French contract law via ordonnance No 2016-131 10 February 2016 has changed principles judicial interpretation commercial contracts, and how these compare with in English law. One questions ask is traditional dichotomy between subjective approach objective one been altered now that principle incorporated Code civil. explore both jurisdictions deal main aspects interpretation, such as nature interpretative question purpose scope contractual interpretation. Similarities emerge show a rapprochement approaches. Naturally, differences persist, which reflect distinct values embedded each legal order. Even if only introduced appearance small changes to provisions relating courts have tools follow footsteps when interpreting professionally drafted contracts. An emerging coalescence around an literal sophisticated business setting be welcomed it enhances certainty across borders. Contractual contextualism, textualism, law,