Contract Distortion (A comparative Study) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 2, Volume 8, Issue 3, November 2018, Pages 22-36 PDF (483.31 K) | ||
| DOI: 10.37651/aujlps.2018.171689 | ||
| Authors | ||
| Mohammed Abd alWahab Mohammed; Hameed Sultan Ali | ||
| Abstract | ||
| The interpretation of contract considers one of the most important and complicated legal tasks that done by the judge. The contract is the law of contractor's parties and it reflect their wills and intents. So, when the judge had to interfere to reveal these wills and intents, heshe should not deviate from the main object of contracting. If the judge interprets the contract in a way that led to change its real meanings or to conclude a new intent that not exist in the contract when it concluded, that would be consider a distortion of the contract. When this issue happened, the higher court must interfere to restore the justice between the contractors. If the court found the judge had distort the contract in his judgment, it should be repeal. It is important to apply the contract in the way that serve its actual object and the real intent of the contractors. | ||
| Keywords | ||
| Distortion; Interpretation; the judge; Review; Clarity | ||
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