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The effect of real intention in interpreting the contract Study in Iraqi and English Law | ||
| Journal Of the College of law /Al-Nahrain University | ||
| Article 1, Volume 19, Issue 2, 2018, Pages 1-22 | ||
| Abstract | ||
| The contract is the most important source of commitment, because of the philosophical view of the role of will, it can be said that The real intention is the one who makes the law for the owner. If the contract is committed by the contract, because it wanted to, the contract is the principle of legal life, and real intention is the principle of the contract. Thus, the real intention is the sovereign authority to determine the contract at various stages of his life. As for the interpretation of the contract, real intention will play an important role in establishing the basic rules in the interpretation of the contract in Iraqi law. In English law, the court traditionally resorted to an objective criterion based on the apparent will of interpretation But some doctrinal trends and case law have emerged that in some cases take the real intention of contractors through the search for their true intention. | ||
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