A Comparative Analysis of the Principles of Interpreting International Commercial Contracts in Iranian and European Law with an Emphasis on the Energy Industry


Received: 21 February 2020
Accepted: 25 March 2020
Published: 15 April 2020


Behnam Behniai, Niloofar Heidarpoor



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Abstract

In the process of contractual interpretation, the in-text and also out-text categories are required to determine the intention of contract parties, including semantic dimensions and terms supplied in text, through multiple readings. To interpret a contract, the fundamental is being conformity of the will of parties and not necessity of declaring and conveying it in special form, in international contract law and also Iranian law. To resolve the contractual ambiguity and to find the contract parties common intention, the purpose of this paper is explaining most important principles governing the interpretation of international commercial contracts with an Emphasis on the Energy Industry and the manner of adaption and entering these principles in the Iranian law system.

Keywords: The Interpretation Principles, A Good Faith Principle, The Validity Principle, Interpretation of Contract as a whole, Contra Proferentem Rule.

 

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