The nature of the contract as a rule of contractual interpretation

Abstract

The purpose of this investigation is to analyze the contract interpretation norm enshrined in the article 1563 first paragraph of the Civil Code. Next, a deficit is exhibited in its doctrinal and jurisprudential approach in the Chilean law. In view of this, it is argued that the appropriate way of understanding the norm is by resorting to the practical purpose of the contract, that is, its cause. Finally, the hermeneutic labor of the judge when interpreting the contract according to the rule of nature of the contract must be supplemented by criteria according to the economic purpose, the economic plan, the economic operation, the utility, efficacy and efficiency in the fulfillment of the contract.