1. When the interpretation of a contract is in dispute, the Judge seeks the true and mutually agreed upon intention of the parties, without regard to incorrect statements or manner of expression used by the parties by mistake or in order to conceal the true nature of the contract (Art. 18 par. 1 Swiss CO). When the mutually agreed real intention of the parties cannot be established, the contract must be interpreted according to the requirements of good faith. The Judge has to seek how a declaration or the external manifestation of a party could have been reasonably understood dependent upon the individual circumstances of the case. The requirements of good faith tend to give preference to an objective approach. The emphasis is not so much on what the parties may have meant but on how a reasonable man would have understood their declarations. In determining the intent of the parties, or the intent which a reasonable person would have had in the same circumstances, it is necessary to look to the words used or conduct engaged by the parties. However, the investigation is not to be limited to those words or the conduct even if they appear to give a clear answer to the question. In order to go beyond the apparent meaning of the words or the conduct of the parties, due consideration is to be given to all relevant circumstances of the case. This includes the negotiations, any subsequent conduct of the parties and usages.
2. Under Swiss law, the registration of a contract is an administrative act that does not have, in principle, an impact on its validity.