Volume 28, Issue 2 (2024)
CLR 2024, 28(2): 32-63 |
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Rajabi A, Seyed Ahmadi Sajjadi S A. Methodes of Contract Determination. CLR 2024; 28 (2) :32-63
URL: http://clr.modares.ac.ir/article-20-72841-en.html
URL: http://clr.modares.ac.ir/article-20-72841-en.html
1- Department of Private Law, Faculty of Law, College of Farabi, University of Tehran, Qom, Iran , rajabya@ut.ac.ir
2- Department of Private Law, Faculty of Law, College of Farabi, University of Tehran, Qom, Iran
2- Department of Private Law, Faculty of Law, College of Farabi, University of Tehran, Qom, Iran
Abstract: (512 Views)
In concluding a contract, sometimes we need to leave some of its provisions to the future and agree on the basic elements of the contract. Many lawyers consider this contract vague and even invalid. However, due to the connection that certain conditions have with the public policy of the society, such invalidity does not come from jurisprudence, civil code and commercial practice. So, the question is what are the criteria for resolving the ambiguity of the provisions of the contract? By examining legal provisions, the ambiguity of an incomplete contract may be subject to an objective criterion or the will of the parties to the contract or one of the parties or a third party may prevail. If these criteria are not in the contract, the court can enter and resolve the ambiguity of the contract. All of this kind of Contracts is valid if one can evaluate by an objective criterion or by a personal decision or a court decision. Otherwise, the contract would be a void entity in law.
Keywords: Law of Contract, Incomplete Contract, Vagueness of Contracts, Certainty in Contracts, Legal discretion, Objectivity.
Article Type: Original Research |
Subject:
Comparative Law
Received: 2023/12/9 | Accepted: 2024/06/2 | Published: 2024/08/31
Received: 2023/12/9 | Accepted: 2024/06/2 | Published: 2024/08/31
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