Iranian jurisprudence and law and the rule of interpretation against the contractor in it

Subject Areas : Jurisprudence of transactions

Fatemeh SHeikhi ¹ , Mansour Amini ² , Parviz Savraie ³

1 - private law, azad university,tehran
2 - Asosoiate at university of shahid beheshti. Tehran.iran
3 - Shahid beheshti university

Received: 2021-11-08 Accepted : 2022-06-08 Published : 2022-03-21

Keywords: preference for interpretation over committed, good will, preference for interpretation versus regulator, Interpretation of the contract,

Abstract :

If in the meaning and concept of a part or condition of the contract that hasn’t been negotiated independently by the parties,there be doubt and ambiguity,interpretation is usually in favor of the person who has recently joined the contract and against the person who drafted the contract, because the original person preparing and arranging the contract has the power to prevent doubt and ambiguity in the text of the contract when preparing and arranging the initial text. This principle is explicitly and some times explicitly enshrined in the law of the German Roman states and common law , but it doesn’t explicitly exist in Iranian law. However ,according to the principles and foundation of jurisprudence and the requirments of the principles of justice and the rule of will and the rule of causation and prohibition of frand against the law, this doctrine can be considered applicable in Iranian jurisprudence and law.