نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Abstract
The interpretation of a contract is the process by which a judge discovers the parties' true intent when terms are ambiguous. This legal entity has fundamental differences with concepts such as description, modification, completion, and change of contract. The distinction between these concepts is important because confusion between them in the judicial process can lead to opinions based on the parties' will. The present study, by examining the decision of the second branch of the General Court of law of Sirjan, in a petition, to require Sirjan company to complete and deliver an apartment unit, despite the company's claim that the petitioner did not pay the contract fee, which was the cause of the non-fulfillment of the obligation, the court interpreted the contract by citing the contractual phrase "the cost of the mortgage bank's preference bonds is the responsibility of the buyer". It was the company's fault for not taking out a bank loan for him; as a result, it was not realized, and ultimately the order to obligate him. The company has handed over the apartment unit for completion and delivery to the applicant. Therefore, this article, in pursuit of the necessity of correct interpretation of the contract and with the aim of providing convincing legal principles in this regard, in response to the question whether the Sirjan court, in interpreting the contract in question, has observed certain legal principles; based on the descriptive-analytical research method and using library sources, it was concluded that the mashaliyya court, in the opinion issued between interpretation and change of contract, confused and, citing the sub-phrase "the cost of the mortgage bank's preference bonds is borne by the buyer" and without observing the law of the buyer, has the right to the right of the buyer to the right of the buyer to the right of the buyer to the right of the buyer to the right of the buyer to the right of the buyer to the right of the buyer to the right of the buyer to the right of the buyer to the right of the buyer to the right of the buyer to the right of the buyer to the right of the buyer to the right of the buyer the hierarchy of interpretative principles, such as referring to custom and interpretation in light of the entire contract, has imposed an unnecessary commitment on the manufacturer.
کلیدواژهها English
