Article 6. Application of civil legislation by analogy. See also Mandatory Obligations
1. In the cases where relations specified by pts. 1 and 2 in article 2 of this Code are not directly regulated by the legislation or by the parties' agreement and there is no applicable business custom, civil legislation regulating similar relations (analogy of the statute) is applied to such relations unless this is contrary to their essence.
2. If it is impossible to use the statute analogy, the parties' rights and duties are determined proceeding from general principles and tenor of civil legislation (analogy of the law), as well as requirements of conscientious, reason and justice.
Article 431. Interpretation of Contract.
When interpreting the conditions of a contract, a court shall take into consideration the literal meaning of the words and expressions contained therein. The literal meaning of the conditions of a contract in the event of its ambiguity shall be established by means of comparing with the other conditions and the sense of the contract as a whole.
If the rules contained in paragraph one of this Article do not enable the content of a contract to be determined, then the true common will of the parties, the purpose of the contract taken into account, must be elicited. In so doing, all the respective obligations, including negotiations and correspondence preceding the contract, practice being established in the mutual relations of the parties, the customs of business usage, and the subsequent conduct of the parties, shall be taken into account.