نویسندگان
چکیده
کلیدواژهها
عنوان مقاله [English]
Regulating a contract sometimes is in such a way that is hard to recognize common intention of the parties. This causes disputes between contract sides. Conflict in contract occurs when there are inconsistencies among the statements of the contract in such a way that the contract cannot be enacted. A conflict in contracts occurs in different forms whose understanding can be helpful in detecting and solving the problems.
This article tries to provide from the perspective of the scholars of Osul- Al- Feqh some rules for solving problems in interpretation of ambiguous contracts. Based on this study, there are some solutions for contract conflicts: the first principle is referring to harmonizing expressions of contract based o custom. In other words, in order to resolve a conflict more established and more common understanding should replace less established and less common interpretations. If it was impossible to reach a consensus, discarding principle should be applied.
کلیدواژهها [English]
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