The position of the principle of the effectiveness of the terms of the contract in the interpretation of contracts
Subject Areas :Hossein Moridifar 1 , Reza Sokuti Nasimi 2 , naser masoodi 3
1 - Faculty of law. University of Islamic tabriz
2 - Faculty of Law. tabriz. Professor
3 - Faculty of Law. Tabriz. Assistant Professor
Keywords: &ldquo, Interpretation&rdquo, , &ldquo, interpretation of the contract&rdquo, , &ldquo, non-revocation&rdquo, , &ldquo, principle of authenticity&rdquo, ,
Abstract :
Today interpretation is one of the significant issues of commercial contracts. Despite daily development of commercial law, precision in the regulation of commercial contracts and the involvement of legal experts the existence of ambiguity is totally possible. One of the principles that is suggested for the interpretation of a contract is the principle of effectuality of the contract phrases (non-futility). This principle shows us that people consider the contract in a purposeful manner and refuse to include futile ineffective phrases and words in the contract. In Iranian jurisprudence and law no comprehensive research has been conducted so far on the place of the aforementioned principle but there are certain principles in the jurisprudence that justify this principle upon precise investigations. Without mentioning the principle of validity in the domain of interpretation of contract the Article 223 of Civil Code has spoken of the principle of validity in the outlines of obligations which is not totally irrelevant to the principle under study. Then as to the application of the aforementioned principle in the interpretation, there is difference of opinions among the legal experts. In the law of England the aforementioned principle has not been clearly accepted and just the legal procedure is endorsed and the legal procedure is of an equal status as compared to the law.
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