Jalil Ghanavati; Abdullah Rajabi
Volume 6, Issue 2 , March 2018, , Pages 62-76
Abstract
There is no consensus among legal systems that ambiguous is not applicable. This lack of consensus among legal systems goes different ways with the problem of assessing contracts’ ambiguity. Some of them, such as common law countries, have liberal approach; but in Iranian legal system the minimum ...
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There is no consensus among legal systems that ambiguous is not applicable. This lack of consensus among legal systems goes different ways with the problem of assessing contracts’ ambiguity. Some of them, such as common law countries, have liberal approach; but in Iranian legal system the minimum of ambiguity can lead to invalidation of the contract. In this legal system, there is two related terms for the subject: determination and specification of all matters that lays in domain of an agreement. We suggest that determination, per se, can’t assess the ambiguity of contract, except we’d got another element in the assessment: enforceability of the contract. Also we got the meaning of Qarar in Sharia Law for specifications of subject-matter of the contract. This approach can help us observe domestic and international customs and uses in the field of contract law.
