Abstract

The essay deals with the judicial uses of the brocardo in claris non fit interpretatio in the interpretation of contracts. More specifically, the study is aimed at highlighting three points: a) the notion of – clarity of the contractual text – is ambiguous, in the sense that the in claris shows itself in many guises in judicial discourses; b) ambiguity does not benefit the alleged clarity of the contractual text, both because the condition of clarity vary and because many of the conditions are undefined; c) for the reasons mentioned in the previous point and the consequences that they produce, it would be appropriate to discard the in claris with regard to the interpretation of contracts