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How must the judge apply the rule of article 238, which requires interpreting a party’s intent according to the meaning that a reasonable person of the same standing would have inferred from its conduct?
This rule determines the method of interpreting ambiguous clauses and influences the outcome of the commercial dispute.
Produced by a model, unverified. The original question, in French, is what stands. The evidence below is in its original language.
The provision in question
Evidence (original language)
Le commentaire souligne que la méthode protège les parties raisonnables mais pose des problèmes d’efficacité et d’omission de la lettre du contrat.
How should a judge construe an ambiguous clause of a commercial sales contract under Article 238 of the AUDCG, and what are the merits and shortcomings of that interpretation method? · OHADA.com Doctrine