نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Determining the binding content of contracts has long presented a major challenge in contract law, particularly where contractual terms are ambiguous, incomplete, silent, or otherwise insufficient to resolve a dispute. Adopting a comparative perspective, this article examines the relationship between contract interpretation and contract completion in determining the content of contractual relations under Iranian and French law. The research employs a descriptive–analytical methodology based on library research and examines the relevant statutory provisions and legal doctrines in both jurisdictions. The findings show that, although legal scholarship and legal education distinguish interpretation and contract completion in terms of their conceptual foundations and legal tools, they operate in practice as functionally interconnected stages within a single process. The comparative analysis further demonstrates that doctrinal divergences arise primarily from differences in the theoretical formulation of these concepts rather than from differences in their practical operation. Accordingly, the relationship between interpretation and contract completion should be understood within the broader process of determining the binding content of the contract—a process that begins with identifying the meaning of the contractual terms and, where necessary, continues through recourse to supplementary sources to determine the legal effects of the contractual relationship.
کلیدواژهها English
