نوع مقاله : مقاله پژوهشی
نویسنده
آمر دیپارتمنت حقوق
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Contract interpretation is one of the fundamental issues of private law that plays a decisive role in ensuring the implementation of obligations and preventing disputes. In the Afghan civil law, the principles of European contract law and the principles of international commercial contracts, although there are differences in methods, all emphasize discovering the true will of the parties. The importance of this issue is that ambiguity or different interpretations of the provisions of the contract are considered to be one of the most important factors in the formation of lawsuits and distrust in legal relations. This research was conducted using a library method and an analytical-comparative approach. Data were collected from jurisprudential sources, national laws and international documents and analyzed focusing on the three rules of "common intention of the parties", "specific intention of one of the parties" and "common intention". The role of interpretation tools such as preliminary negotiations, behavior of the parties, custom, good faith and the purpose of the contract was also examined. The research findings show that Afghan law, while relying on the foundations of Islamic jurisprudence, is in many cases in line with international principles and has the capacity to comply with global standards.
کلیدواژهها [English]
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