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Interpretation of Documents

The document discusses rules for interpreting written documents according to their legal meaning. It states that a document should be interpreted based on the meaning in the place where it was executed, all provisions should be given effect, specific provisions are paramount over general ones, and circumstances surrounding the document can provide context. It also addresses interpreting terms based on local usage or technical meanings, written words overriding printed text, and resolving ambiguous interpretations in favor of natural rights or usages.
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0% found this document useful (0 votes)
128 views12 pages

Interpretation of Documents

The document discusses rules for interpreting written documents according to their legal meaning. It states that a document should be interpreted based on the meaning in the place where it was executed, all provisions should be given effect, specific provisions are paramount over general ones, and circumstances surrounding the document can provide context. It also addresses interpreting terms based on local usage or technical meanings, written words overriding printed text, and resolving ambiguous interpretations in favor of natural rights or usages.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INTERPRETATION

OF DOCUMENTS
RULE 130 SECTIONS 11 - 20
Interpretation of a writing according
to its legal meaning. – The language of
a writing is to be interpreted
according to the legal meaning it
bears in the place of its execution,
unless the parties intended otherwise.

SECTION 11
SECTION 12
Instrument construed so as to give eff ect to all
provisions. – In the construction of an
instrument[,] where there are several provisions or
particulars, such a construction is, if possible, to be
adopted as will give effect to all.
Interpretation according to intention; general
and particular provisions. – In the construction
of an instrument, the intention of the parties is
to be pursued; and when a general and a
particular provision are inconsistent, the latter
is paramount to the former. So a particular
intent will control a general one that is
inconsistent with it.

SECTION 13
SECTION 14
Interpretation according to circumstances. – For the
proper construction of an instrument, the circumstances
under which it was made, including the situation of the
subject thereof and of the parties to it, may be shown, so
that the judge may be placed in the position of those
whose language he or she is to interpret.
Peculiar signification of terms. – The terms of a
writing are presumed to have been used in
their primary and general acceptation, but
evidence is admissible to show that they have a
local, technical, or otherwise peculiar
signification, and were so used and understood
in the particular instance, in which case the
agreement must be construed accordingly.

SECTION 15
SECTION 16

Written words control printed. – When


an instrument consists partly of written
words and partly of a printed form, and
the two [(2)] are inconsistent, the former
controls the latter.
Experts and interpreters to be used in
explaining certain writings. – When the
characters in which an instrument is written
are difficult to be deciphered, or the language
is not understood by the court, the evidence of
persons skilled in deciphering the characters,
or who understand the language, is admissible
to declare the characters or the meaning of the
language.

SECTION 17
SECTION 18
Of two constructions, which preferred. – When the terms of
an agreement have been intended in a diff erent sense by the
diff erent parties to it, that sense is to prevail against either
party in which he or she supposed the other understood it,
and when diff erent constructions of a provision are otherwise
equally proper, that is to be taken which is the most favorable
to the party in whose favor the provision was made.
Of two constructions, which preferred. – When the
terms of an agreement have been intended in a diff
erent sense by the diff erent parties to it, that sense is
to prevail against either party in which he or she
supposed the other understood it, and when diff erent
constructions of a provision are otherwise equally
proper, that is to be taken which is the most favorable
to the party in whose favor the provision was made.

SECTION 18
SECTION 19
Construction in favor of natural right. – When an
instrument is equally susceptible of two [(2)]
interpretations, one [(1)] in favor of natural right
and the other against it, the former is to be
adopted.
Interpretation according to usage. –
An instrument may be construed
according to usage, in order to
determine its true character.

SECTION 20

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