Technical Journal of Engineering and Applied Sciences
Available online at www.tjeas.com
©2013 TJEAS Journal-2013-3-24/3628-3630
ISSN 2051-0853 ©2013 TJEAS
Interpretation of private contracts in Iran Law
Mojtaba Rahimi1
1. University of Isfahan, Isfahan Branch, Department of Private Law
Corresponding author:MojtabaRahimi
ABSTRACT:Contract interpretation as a matter of contract law in private law offices, in different legal
systems has always been important. The importance of this issue in the context of contractual obligations,
it is clear to everyone.vagueness of the obligations arising from the contracts to be assisted.
Keywords:contract interpretation, interpretive principles, describe the contract, adjusting the contract,
completion of the contract, the contract, contract proofs, personal authenticity school, school social origin,
physical determination, inner desire, nature of contract, law, custom, fairness, good Intention.
INTRODACTION
Rights and obligations under the contracts of private law is one of the most important issues. Due to
the importance of this branch of private law, as well as plenty of variety and economic relationship with the
community is clear. Undoubtedly the purpose of signing any contract
And commitment to the implementation of the provisions of the contract. The contract for the
implementation of its provisions should not have to stand clear of the parties, debates about the validity of
contractual terms and how they are not. Need to discuss the interpretation of the contract
The essential aspects of the contract that Khlly and its effectiveness in personal and social
relationships of the parties to the contract are clear and explicit explanation of terms and phrases, and wanted to
party, pave the way for the correct implementation of the contract that satisfies the intention of the parties.
Discussion of the interpretation of the different legal systems are examined. In French law, the
interpretation of the topics discussed independently allocated to civil law (Article 1156 Civil Code revised from 1164
to 1991) and the authors describe and explain the legalHave. In common law legal system Lanyz this talk about
books with contracts and commitments. Titles «Interpretation» and «Construction» is expressed.
A study of the legal system and the legal texts regarding the approach to contract interpretation factors
such as customs, law and ...are large, leads to the idea that we should strengthen the rules and principles of
interpretation of the "general rules on contract interpretation" consistent with the principles governing the collection
and Contracts Should.
The concept of essential purpose of contract interpretation
Interpretation of the contract and distinguish it from similar legal concepts
Interpretation of Contracts
Tfyl and vivid explanation about the meaning and significance of the scientific law that is used to
explain the verses of Quran and Hadith.
According to the different branches of law in this field is factual and can be expressed in different
meanings for this word. The logic of the law, interpret the meaning of the nearest and best sense is a legal rule.
The magistrate, after becoming subject to obtaining judgment as a matter of Cobra S. and self-designed, with the
implementation of the two, and win favorable result of his decision making and documented. In addition to the logic
of law in interpreting the legal Shshnasy plays a fundamental role. The corresponding semantic interpretation of the
science is the science Hrmvntyk. Interpreted in the following areas:
In this definition. "Signified an attempt to understand the law and legal institutions to be" the factual
areas of the body is measured to determine its value and meaning of it is good.and tries to adopt a meaning that is
qualified law.
Tech J Engin& App Sci., 3 (24): 3628-3630, 2013
Private persons qualified to interpret the relationship is important. The issue of contract interpretation,
including both general and specific meaning within the semantic interpretation of the meaning or interpretation of
the following:
will be explained later, the institution, as described in the general sense interpretation there, because
clearly the nature and diagnosed: "getting more for the help. The same rights and other causes reduces their scope
and extent. To scrutinize the definitions of what is important in interpreting the meaning of the description will reveal
and remove ambiguity from the parties'contract.
Interpretation of the rights defined in the contract is not reflected in any of the legal texts and even part
of this discussion has been independent.
Accordance with the provisions of Article 224 of the Uniform Commercial Law in the United States, is
interpreted as a direct commentary explaining the meaning of words and definitions that will be announced. The
explanations given above, we conclude that the concept of removing ambiguities and clarify the interpretation of
the contract, the contract for performing Mnqdknndgan Arad factual obligations.
Interpreting the scope of the contract
General and specific implications for the interpretation of the contract, it should be noted that the
interpretation of the meaning of its own kind, nature, way of changing conditions, limitations, and other factors. The
scope of interpretation of the contract and the circumstances governing the contract are clear. Therefore, the
analysis and interpretation of the distinction of these institutions is essential. The following distinctions are:
According to the previous discussion, the interpretation of what is considered a contract between the
parties to explore the legal provisions regardless of the evidence and the legal nature of the contract. The
interpretation does not resolve the ambiguity of the common will of the assay followed the dictates of contract
law.each of which is more consistent, it's time to work on the same theme. For example, Blazl lawyer knows or sale
of real estate sales in the auto transmission from father to son to peanuts considers it as a gift. In fact, they both
described and interpreted in terms of the detection of correlated, but the two are separate category. The basic
distinction between description and interpretation of the contract would be the characterization of legal affairs, but
the interpretation of the theme..
Clean interpretation of the contract adjustment contract modification to contract significantly in the
course of adopting new solutions to deal with changing circumstances and changing conditions in the external
balance of the economy. At the time the contract circumstances change. So that the
The creation of the new conditions of the contract have been excluded. In this case it is necessary to
modify the contract. It is true that there is limited scope to intervene in relations between private individuals, but the
absolute sovereignty will be controlled as well as every time without any control
Finally, in the fall and rogue moving right and justice is unwavering. Therefore, the benefit of changing
circumstances and new conditions can not be prevented by contract modification to put their profits. Nevertheless,
the distinction is clear, the interpretation of the contract modification,
When the contract is modified because of the external event occurs and the contract terms and the
difficulties it creates. In fact, although the contract was clear and common will of the parties is expressed without
any ambiguity, but the creation of conditions that disrupt Can be contracts. Following adjustment of the magistrate's
interpretation means that such interpretation does.
The common intention of the parties at the time of the contract and how it will impact what.
And if they are going to last committed state at the time of conclusion of contract and resistance to
unpredictable events or in their intent and will of the contract, and included incidents have coercive. I only modified
the magistrate's intention to maintain the economic equilibrium of the contract
Clean interpretation of the contract completion: completion of contract interpretation reduces the
breadth and scope. Freedom of contract and the parties in selecting appropriate solutions, not necessarily with the
minor issues in contracts. They actually did little more anticipation and stick to the main points, sub-points and
details may resort to the law to find perfect solution to it. For example, a married actually make the sale, but were
not mentioned in the job-dedicated functions.
contract.and is silent, the court is forced to solve the problem of external factors such as the
customary law. Carefully Article 220 and 225 of the Civil Law, Common Law and confusion are two tools to
complete the contract, the rights of the legislator's mind.
know that there had been breach of contract and its content before a magistrate seeking to discover
the intention of the parties by looking at the particular circumstances of them.
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Prove the interpretation or explanation, and not the result of a specific legal interpretation of the
contract. Nevertheless, the intervention phase of the interpretation of the contract even before the discovery will
lead to significant, seems justified.
Clean the interpretation of the contract and scope of the interpreter sometimes interpreted as
exaggerated and spread among the highlights of his speculation. In interpreting the meaning of the text is such that
the true meaning of the text. This could cause REASON is the difference.
The interpretation of a contract is clear and obvious. Interpretation of parties to the contract intended
to aid in the discovery, but the change in the opposite direction it is moving. Hence the change in the context of
science, hermeneutics, interpretation is called hyperbolic the meaning and purpose of the text.
CONCLUSIONS
1. The present study, the overall results can be summarized in the following cases:
A) the intention of the parties will discuss this research is pivotal. The importance of the nature of the
marriage contract. B) a study on lexical meaning and interpretation of the term, what should come to mind is the
aspect Kashfyt and unveiled it makes no difference to his general interpretation of the meaning or the meaning it
used to. Scope and interpretation of the distinction between general and specific space interpretation is justified
because of the special meaning of certain boundary limits similar to other legal institutions as described,
modification and completion of the contract, but his in the general sense description, modification and completion of
public and private contracts is absolute.
C) an individual approach highlights the social contract that none of the individual institutions and
social exclusion with respect to the nobility of their cause others do not have. Yes, these two institutions in total
coherence and compatibility in close contact with each other and together, to deal with ambiguity. The
Explanation is found in the legal systems of England and the balance taken up and going to extremes
to stay away from any. The originality of this approach is the integration of social and individual schools have been
established and are being considered in the interpretation of the contract. D) use a variety of tools Yknnd courts in
interpreting contracts. These tools fit together in all its noble purpose of clarification and supplement deficiencies
will consider contract for its implementation.
Two. With the interpretation of the contract is determined that the entity signing, execution and
termination of contract is very important.
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Shahidi M. 2001. civil rights (and obligations of contracts), second edition, again, Tehran.
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Safai SH. 1973. Civil Rights Foundation, Volume II, Fourth Edition, Accounting Institute, Tehran.
Katouzian N. 2004. the general rules of contract, Volume III, Fourth Printing, Publishing Company, Tehran.
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