Contract Interpretation and Gap Filling: Comparative and Theoretical Perspectives
PhD student: Dr N. Kornet
Promotor: Prof J.M. Smits
Duration: 1/9/2002 - 31/8/2006
PhD defence: Maastricht, 28/9/2006
This research project aims to examine how the content of the contract is determined, in particular when contracting parties have left a gap in their contract, i.e. they have not expressly provided for a particular contingency. In such cases, courts have various techniques at their disposal to fill the gap, such as interpretation, implied terms, supplementation with law, custom or general principles. This project aims to (1) provide a comparative survey of how the courts in the Netherlands, England and Germany deal with gaps in contracts; (2) develop a general theory on gap filling; and (3) discuss what can be concluded from this comparison and general theory for the development of a European contract law.