جستجوی مقالات مرتبط با کلیدواژه « مکتب اصالت اجتماعی و فردی » در نشریات گروه « ادبیات و زبان ها »

Undoubtedly, the main purpose in signing any contract is executing all its purports and committing to its consequences. To execute the contract completely, its purports must be unambiguously clear so that both parties agreed upon the validity conditions, all phrases involved, and upon the way of performance.The need to interpret contract seems necessary and essential when the contents can not be executed without some faults, and commitment to it damages the individual as well as social relation of the parties. In such cases, through interpreting the contract and making clear its purports and phrases as well as the purpose of both parties, it can easily and correctlybe enforced. The present paper discusses this subject in the various systems of law within different countries. With this matter, in common law legal system has been dealt in the books on contracts and commitments under the titles such as 'construction' and 'interpretation'.By scrutinizing this system of law, it becomes clear that it seeks to discover the partie's purpose, to make clear the purports of contract to be executed, and finally, to relieve the contract from any ambiguity and conflict. These are done by explaining the concept of contract anddefining its limits, and by appealing to the external and internal instruments of interpretation like as the will, the custom, and the law.