The Priority and Delay of Using non literal Principles in Interpreting Laws and Contracts in the Iranian Legal System

Articles in Press

Document Type : Scientific Research

Authors

1 Assistant Professor, Department of Private Law, Isf.C., Islamic Azad University, Isfahan, Iran

2 Ph.D student, Department of Private Law, Isf.C., Islamic Azad University, Isfahan, Iran

Abstract

In legal and jurisprudential writings , the verbal principles used to interpret laws and contracts have been discussed in detail, on the other hand when the interpreter or judge is incapable of discovering the real will, the hypothetical will of the legislator or the contracting parties is put forward and practical principles are used, but between verbal principles and practical principles, there are principles are known as nonliteral principles, and in legal writings, the position of these principles in interpretation is not clearly defined. Meaning, the interpreter does not know which of these non-literal principles has time priority, which one is later than the other, and what is the last non-literal principle that can be used before entering practical principles, by researching and carefully examining nonliteral principles in the interpretation of law and contract, the authors of the study, using an analytical-descriptive method,reached the conclusion that in the Iranian legal system, the use of nonliteral principles in Interpretation has a specific place in terms of time and, the principle of integrity, the principle of attention to practical procedure and ultimately the principle of customaryism respectively are principles that help the interpreter to achieve the real will of the legislature and the contracting parties and by recognizing the position of these principles and observing the precedence and backwardness of their use in interpretation, it is possible to significantly prevent the divergence of opinions and views, because most of the differences created in interpretations are in the time of using nonliteral principles,

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Civil Law Knowledge

Articles in Press, Accepted Manuscript
Available Online from 08 October 2025

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