Resolution of the Supreme Court of Ukraine, dated July 01, 2015, case No. 3-195гс15 (910/24029/13). Available at http://reyestr.court.gov.ua/Review/46803652

The contract interpretation option available under Article 213 of the Ukrainian Civil Code may be implemented before the parties to a contract commence fulfilling the contract, and not after they have been fulfilling the contract over a long period.

Resolution of the Higher Commercial Court of Ukraine, dated February 24, 2016, case No. 904/6486/15. Available at http://reyestr.court.gov.ua/Review/56186174

A ground for making interpretation of an agreement by court is an existing dispute between the parties to an agreement regarding its content, or uncertainty and obscurity of the literal meaning of words, expressions and definitions throughout the text of an agreement when this makes difficult to understand the true content of an agreement or part thereof, and the stated in an agreement will of the party to a bargain does not let one unequivocally understand intentions of this party.

That is, in the sense of these regulations, upon request of one or both parties to an agreement a court may by its decision interpret the content of an agreement, but without changing its provisions. However, given that the purpose of interpretation is to ascertain the content of an agreement, which specifies rights and obligations of the parties, the interpretation should be understood as a tool of finding a possibility for fulfilling the agreement by its parties. Therefore, the agreement interpretation option may be implemented before the parties to an agreement commence fulfilling the agreement.

In view of the above, namely the content of an agreement or of its parts, may be interpreted by using methods specified in Article 213 of the Ukrainian Civil Code, that is, agreement interpretation shall be understood as ascertainment of content of an agreement according to the expressed at the time of its conclusion will of the parties as well as elimination of ambiguities and inconsistencies in construction of its provisions.

Resolution of the Higher Commercial Court of Ukraine, dated March 29, 2017, case No. 920/696/16. Available at http://reyestr.court.gov.ua/Review/65624719

It is the content of an agreement that must be construed, and not specific terms, expressions in separate clauses of an agreement.

© Yuriy Karlash, English translation, 2017

© Yuriy Karlash, compilation, 2017