Tõlgendusreegleid

Tõlgendusreeglid refers to established principles and methods used in legal interpretation to determine the meaning and scope of legal texts, such as statutes, contracts, or wills. These rules aim to ensure consistency, predictability, and fairness in the application of law. A primary rule is the literal or plain meaning rule, which dictates that the words of a legal text should be interpreted according to their ordinary and natural meaning. If the literal meaning is clear and unambiguous, courts generally adhere to it.

When the literal meaning is insufficient or leads to an absurd result, other interpretative tools come into play. The purposive approach, also known as the mischief rule, seeks to understand the underlying intention or purpose of the legislature or the parties to a contract. This involves examining the problem the law was intended to address or the goal the agreement aimed to achieve. Context is crucial; interpretation considers the text within its broader legal and social environment, including related statutes, legislative history, and established legal principles.

Further interpretative aids include the principle of ejusdem generis, which suggests that where a general word follows a list of specific words, the general word should be interpreted to include only things of the same kind as those specified. Conversely, the rule of expressio unius est exclusio alterius implies that the express mention of one thing excludes others. These rules are not exhaustive and their application can vary depending on the jurisdiction and the specific legal context. The ultimate goal is to arrive at an interpretation that is reasonable, just, and consistent with the legal system as a whole.