Language aspects of concluding contracts, that is about the freedom of contracting in the light of linguistic theories Cover Image

Językowe aspekty zawierania umów, czyli o swobodzie kontraktowania w świetle teorii językoznawczych
Language aspects of concluding contracts, that is about the freedom of contracting in the light of linguistic theories

Author(s): Alicja Labijak
Subject(s): Applied Linguistics
Published by: Towarzystwo Miłośników Języka Polskiego
Keywords: language of contract; official language; interpretation of contracts; freedom of contract

Summary/Abstract: The process of reaching consensus, shaping the content of the contract and subsequent interpretation of individual provisions are elements of a specific communication situation resulting in a contract. The aim of the article is to answer the following questions: does the law determine the limits of language use in the context of contract law and, if so, what is the scope of its use and what type of interpretation is applied to the contractual clauses, in particular those that give rise to interpretation doubts. The answer to this question was given on the basis of an analysis of the applicable legal regulations and the consequences that they entail. In this way, it was possible to define legally binding boundaries in which effective, linguistic shaping of the contract is possible. The article leads to the conclusion that it is necessary to reformulate the existing legal language typologies, which treat contracts only as a specialist text, because such assignment is inconsistent with the existing freedom of contracts.

  • Issue Year: 2020
  • Issue No: 1
  • Page Range: 68-77
  • Page Count: 10
  • Language: Polish