What are the cases of interpretation of contract phrases?
The method of interpreting a contract varies depending on the clarity of its expressions and their significance. The interpretations can be summarized as follows:
First: If the contract phrase is clear
If the terms of the contract are clear and explicit and carry only one meaning, whether in relation to the nature of the contract or its effects, then this apparent meaning must be adhered to and not changed to another interpretation. The basic principle is that clear words express the common will of the contracting parties, and there is no room for ijtihad or interpretation with the clarity of the text.
What are the cases of interpretation of contract phrases?
Second: If the term of the contract is not clear
If the terms of the contract are ambiguous or have more than one meaning, the interpreter may search for the common intention of the contracting parties to determine the truth of their purpose in the contract, without being bound by the literal meaning of the words. In this case, what matters is the true will to which the will of both parties was directed at the time of concluding the contract, whenever it can be derived from the circumstances and conditions of the contract.
What are the cases of interpretation of contract phrases?
Third: If the meaning of the contract phrase is questionable
If doubt remains about the meaning of the contractual phrase and one of the possible meanings cannot be preferred, the doubt is interpreted in favor of the debtor. This is because the basic principle is innocence, and the obligation is an exception that lacks evidence to prove it and determine its extent. Therefore, it is not permissible to expand the interpretation of obligations or impose on the debtor a broader obligation than what is proven by evidence. In this case, it is taken into account in the narrower sense of the obligation when the debtor adheres to it.
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