European Review of Private Law vol:21 issue:5/6 pages:1319-1358
In Belgian law, a subjective interpretation of contracts prevails: the
common intention of the parties is the vital criterion that governs the construction of
agreements. In England the system is more objective, which means the meaning which
the document would convey to a reasonable person predominates in matters of
contractual interpretation. However, an in-depth analysis of the case
Rainy Sky S. A.
shows that, in practice, the two systems are more alike
than might seem at first sight.