Document Type : research
Authors
1
Ph.D student of Private Law, Department of Law, Faculty of Humanities, Gorgan Branch, Islamic Azad University, Gorgan, Iran.
2
Assistant Professor, Department of Law, Faculty of Humanities, Gorgan Branch, Islamic Azad University, Gorgan, Iran
3
Assistant Professor, Department of Islamic Studies, Gorgan Branch, Islamic Azad University, Gorgan, Iran
10.22034/ejs.2025.453479.1776
Abstract
Background and Aims: interpretation of contracts is one of the important issues and a place of debate and disagreement. Based on this, the purpose of this article is to examine the role of custom in the interpretation of contracts in Iranian and French law.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings showed that in the modern and advanced legal system of France, commercial custom has a special place in determining the rights and obligations of the contracting parties and explaining and interpreting the contract, Article 1135 of the Civil Code of this country, which with a suitable change, inspired the writers of the Civil Code of Iran. In the regulation of Article 220 of the Civil Law, it is also stated that "a contract does not only bind the parties to what is specified in it, but also binds them to all the results that fairness, custom or law require. ».
Conclusion: The result is that the French law has acted better and more fruitfully in explaining the root of the contractual problems and helped the judge to find the right solution to execute the contracts with many problems.
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