نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Contract interpretation, as one of the important issues of contract law, is always of particular importance in various legal systems. Contract interpretation is carried out when the text of the contract is incomprehensible and ambiguous to both parties. Of course, a contract that is formed based on the will of the parties and the will of the contracting parties is involved in its formation. In this situation, if the terms of the contract are ambiguous or silent, the contract is interpreted in several ways that have been discussed, and the contracting parties are included in the details of the contract. Interpretation as a means of recognizing the true meaning of the provisions of the contract and the treaty and discovering the real intention of the parties, determining the limits and obligations arising from them, and also the factor that adapts the conditions and contents of the contract to the requirements of time and place, has been the focus of domestic courts and international judicial authorities. In this research, which has been conducted in a descriptive-analytical manner, an attempt is made to formulate coherent chapters on the interpretation of contracts by explaining the subject and applying interpretative rules and principles; in addition to eliminating the existing gap in this field, it also helps to implement the obligations arising from contracts by removing ambiguity. The results of the research show that experts in this field should be used in drafting contracts so that there is no dispute between the parties to the contract and, in the event of a dispute, the intention of the parties at the time of concluding the contracts can be the best understood.
کلیدواژهها English