פרשנות חוזים: תיאוריה ופרקטיקה  Interpretation of Contracts: Theory and Practice

תקציר

<br>Contract theory aims to explain and to justify contract law using different normative principles. This article argues that, at least within contract law, theory is not only intellectually stimulating but also holds a practical importance. This is because contract theory can be used as a methodology to produce a coherent interpretation of contract doctrine, which contributes to a deeper understanding of case law and rulings in this field. <br><br>To demonstrate this approach, the article analyses the recent Supreme Court decision in the case of Bibi Kvishim, in which the different justices offered contrasting approaches regarding interpretation of contracts, therefore stirring some confusion as to whether this decision deviates from the famous Aprofim ruling.<br><br>The article first introduces Bibi Kvishim and examines its theoretical basis vis-à-vis other recent rulings in contract law. The theoretical analysis of Bibi Kvishim ruling is based upon diverse theories, e.g. the will theory, economic efficiency, neo-formalism, theories that based on perceptions of fairness and reasonableness, and pluralistic theories.<br><br>The article argues that it is a mistake to view the Bibi Kvishim ruling only through a doctrinal perspective, and completely disregard its theoretical qualities; in order to reach a deeper understanding of this ruling and its most important aspects, it should be viewed through the lens of contract theories. <br>