They really shouldn't be called contracts at all, since intent ("meeting of the minds") is a fundamental part of contract law.
Imagine for example if a mortgage contract contained some bizarre inscrutable loophole that as-written would give the first 3rd party to notice it total control over over the house.
This would of course be laughed out of court because that part of the contract wouldn't be enforcable under contract law.
"Code is law" is more accurately written as "code is not law at all".
