Algunas observaciones en torno a D.18.1.21 en perspectiva histórica

Abstract

From the observation of D.18.1.21 and of other texts, it is carried out an analysis of the problem of contractual interpretation in the event of ambiguous clauses, the reason of the solutions contributed by the jurists, the historical reconstruction of the followed road, considering in form critic the different positions adopted by the doctrine and making reference to the historical later evolution. In the Roman Law the rule that we analyze, the call contra proferentem, is simply configured like a subsidiary rule of interpretation of character that intends to apply it as solution of justness, for suppositions in those that the darkness or ambiguity of the terms of a contract or of a pact it prevents to determine what has been made, based on the idea that if it could be derived a damage like consequence of this darkness, such a damage it should harm who has provoked that situation, since one had the possibility to avoid it, expressing them with more clarity, and always with the objective of trying as much as possible to preserve the contract..