A comparative study of the contract interpretation approach in the Iranian and British legal systems

Document Type : Original Article

Authors

1 Islamic Azad University, Najafabad Branch

2 faculty member and Assistant Prof., Department of private law, faculty of Human Science, Islamic Azad University, Najafabad Branch, Najafabad, Iran.

Abstract

It is clear that the most important part of contract law science is the legal system of interpretation and the rules that govern it. Although the Iranian legal system has many structural differences with the common law system and this has caused the starting point of the contract interpretation system in these two systems to be different, but the study of practical practice shows the closeness of the principles of interpretation in these two systems. Because the purpose of the contractors is usually to conclude contracts, to implement them and to achieve the desired benefit at the time of concluding contracts; Any how, it should be noted that the implementation of contracts and benefiting from them always requires interpretation and the use of interpretive principles. In this article, by explaining the subject and applying the rules and approach of interpretation in the two legal systems of Iran and England with scattered examples in legal texts, an attempt is made to form a coherent discussion on the interpretation of contracts in these two legal systems to eliminate the existing gap. In this regard, it has also helped to fulfill the obligations. Therefore, in this article, the author tries to compare the contract interpretation approach in the Iranian legal system with the British legal system from four perspectives of interpretation based on the will of the parties, contract words, subsequent behavior of the parties and custom. And infer a more realistic basis.

Keywords

Main Subjects

Files

Share

How to cite

Statistics