פרשנות חוזים: תאוריה ופרקטיקה (בשולי ע"א 7649/18 ‏ ביבי כבישים עפר ופיתוח בע"מ נ' רכבת ישראל בע"מ)

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 it is also important from a practical point of view. This is because contract theory can be used as a method for producing a coherent interpretation of contract doctrine, which contributes to a deeper understanding of case law and rulings in this field.To demonstrate this approach, the article analyses the recent Supreme Court decision in the case of Bibi Kvishim, in which several justices offer edcontrasting approaches to the interpretation of contracts, thus causing confusion as to whether this decision deviates from the famous Aprofim ruling. The article first introduces Bibi Kvishim and examines its theoretical basis vis-à-vis other recent rulings in contract law. The theoretical analysis of the decision in Bibi Kvishim is based upon diverse theories, e.g. will theory, economic efficiency, neo-formalism, theories based on perceptions of fairness and reasonableness, and pluralistic theories.The article argues that it is a mistake to view the Bibi Kvishim ruling solely from a doctrinal perspective, and completely disregard its theoretical aspects. In order to reach a deeper understanding of this decision and its importance, it should be viewed through the lens of contract theories.