A comparative study of contract interpretation criteria in the principles of European contract law, principles of international commercial contracts, sales convention and Iranian law

Document Type : Specialized scientific

Author

Head of Law Department

10.22034/lf9.2024.100535.1017

Abstract

A contract is a legal act that is formed in order to implement its provisions and commit to its works and conditions. Therefore, if ambiguity and dispute arise in the nature, provisions, effects and conditions of the contract and the matter goes to court, interpretation of the contract is necessary. Compliance with the contract interpretation criteria, which is based on the principle of the sovereignty of the will, is the most essential duty of the judge in the position of interpretation; The European principles and the principles of UNIDRO have provided "common intention" and "specific will of one party" as the main criteria and "intention of conventional persons" as an alternative criterion in cases where the first two criteria are not possible. In the convention, it considered "one party's intention" as the main criterion and "the intention of ordinary people" as an alternative criterion; However, in Iranian law, there are no explicit laws in this field, but Iranian jurists have found it possible to accept the aforementioned criteria based on the general rules governing contracts.

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