The Effects of Principal Viva Voce and Legal Hermeneutics on Interpreting and Solving the Conflicts between the Laws of Contract of assignment and Bill of Exchange

Our regulations and legal articles such as those in civil law and trade law, which were approved more than 90 years ago, were adopted from jurisprudential resources and some European countries' laws. A faithful interpretation and accurate comprehension of some of these require a minute examination of the interpretation of the texts and laws of those countries. Hermeneutics is the art of a perfect understanding of verbal and written phrases. This understanding requires not only understanding the language of the text, but also a historical knowledge. One of the incontrovertible principles of hermeneutic interpretation is that a legal text must be understood and interpreted in line with its objectives. What a lesson hermeneutics teaches us is that why we prefer one particular solution to another. Also, conformity is a part of hermeneutic argument. A judge must adapt the original meaning of a legal text with the current actual reality. From this point of view, understanding is not a reconstruction of the past affairs type but it plays some productive roles. Legal hermeneutics is productive and active provided that the rule of law is an incontrovertible principle and is given a practical effect to it. It is not practical in a society with a system of extralegal type. Even, where the law itself cedes its interpretation to one sole person, the society is derailed from a hermeneutic rail. Hermeneutics considers understanding as a joint process contributed by people. Legal interpretation outcomes through the contributions of lawyers. Hermeneutics in general and legal hermeneutics in particular is provided a breathing room to comment only where free exchange of ideas is allowed and there is guarantee for free information flow. The hermeneutics' role is to link the past to the present without giving a superior position to the original objective or the old common sense. By descriptive-analytical methods and through studying books and written resources and library research, the present dissertation studied civil and trade laws and interpreted some of their articles by legal hermeneutics.