ABSTRACT
This chapter attempts to provide a model for private law which follows a model similar to constitutional law as far as method of interpretation and finding the legal norm are concerned. Interpretation is about establishing the content of the legal text in the given case by the court. The priority of values is determined by the balance of the interests that underlie the case. The main tools of enforcement of values are: interpretation of abstract norms, concretizing general clauses, assessment of ‘hard cases’, or procedural solutions like reversal of burden of proof in cases of information asymmetry. Requirements of good faith and fair dealing and prohibition of abuse of rights are typical general clauses but they may appear under other concepts in civil codes as well. Procedural rules, especially the ones allocating burden of proof, are provided by legislative measures. Interpretation is establishing the content of the written provision.
