Cum in verbis nulla ambiguitas est, non debet admitti voluntatis quaestio a wykładnia umów
Cum in verbis nulla ambiguitas est, non debet admitti voluntatis quaestio and the construction of agreements

Summary/Abstract: Analyses done contemporarily, which are devoted to regulation of the construction of agreements, are directed towards searching for optimal solutions in the scope of interpretative rules, the application of which – both on the national level and in the supra-national dimension – would allow improving the process of the construction. Realization of the above-mentioned goal is possible thanks to acceptance of a broad research perspective, including also a critical verification of the rules that are popularly associated with the construction and fixed in the legal thought. In this context, legal maxim deriving from the Roman law are of special significance. They are attributed the value of universal rules constituting an expression of legal experience, verified in the many-a-century practice. From the point of view of the problem of construction of agreements, the maxim Cum in verbis nulla ambiguitas est, non debet admitti voluntatis quaestio, which is attributed to the Roman jurist Paulus, is truly worth paying attention to. It was included in the set of eighty-six inscriptions placed on the colonnade of the edifice of the Supreme Court of the Republic of Poland in Warsaw, selected according to the criteria of timelessness, presence in the Polish practice and doctrine of law, as well as the possibility of finding, for them, some reference in contemporary law. The rule Cum in verbis… concerns directly the question – which is of the key importance to the domain of construction of agreements – of the order of preference and relations of intentions of subjects submitting declarations of will to the literal layer of the agreement, including the dominating assumption of the priority position of the real will (a joint intention) of the parties drawing up the agreement. It turns out to be justifiable to confront the interpretative directives resulting from the maxim Cum in verbis… with contemporary establishments of dogmatics of the civil law and the construction standards accepted in the process of unifying the private law, and also to make an attempt at evaluating its current character and justifiability of tis assumptions.

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