M.A. Thesis:

Methods of interpreting the contract in Iranian law and comparing it with the customary law system

Custom in any school of law can play an important role in the three positions of creating legal rules, interpreting and applying legal rules. The complexity of business and legal relationships in the new world has made it impossible to predict all aspects of the relationship in many contracts. As a result, the contract may seem vague in the execution position or in the event of a dispute between the parties, and no explicit solution is proposed. Since the parties to the contract have a dispute over one of the subjects of the contract and this dispute is raised in court and the language of the contract is not clear and explicit, the interpretation of the contract is necessary and definite for the judge. Private law is important and fundamental. The importance of this branch of private law is clear due to its breadth, diversity and wide application, as well as its direct relationship with the economic system in society. Undoubtedly, the purpose of concluding any contract is to implement its provisions and adhere to the effects of the contract. In order for the contract not to encounter any obstacles in its implementation, its provisions must be clear and the parties must not have a dispute about the terms of validity, the terms of the contract and how to implement it. The need to discuss the interpretation of the contract also becomes necessary and fundamental when there is a disruption in the implementation of the provisions of the contract and its effectiveness in the individual and social relationship of the parties. In fact, the interpretation of the contract It paves the way for the proper execution of the contract and fulfills the purpose of the parties. The purpose of writing this dissertation is to match the methods of interpreting the contract between the Iranian legal system and the customary system.

Keywords: Keywords: Contract Interpretation, Interpretive Principles, Iranian Legal System, Customary Law System, School of Law