Rules of interpretation of the contracts in Afghanistan and Iran legal system

Abstract

Many of the contracts written by non-specialists who cannot set them correctly but sometimes it happened that the most accurate contracts need the interpretation, too. In this case, the parties may have to refer to the court and the judge is obligated to discover the real intention of parties. Courts for solving disputes arising from contracts, need specific rules to prevent disagreements. The rules of interpretation of the contracts in Afghan law and Iranian law are in two categories: inside rules that search in the text. The most important inside rules are positive interpretation (terms to be given effect), pay attention to the nature of the contract, analogy, and reference to the contract as a whole. The judges in Afghanistan and Iran do not limit themself to the contracts. They also pay attention to outside rules like the interpretation of the contracts in favor of promisor, good faith, the law, and contra proferentem rule. In Iranian law –despite Afghanistan- the rules of interpretation of the contracts are not explained and merely mentions scattered examples.