The Role of Custom in Contract Interpretation (Comparative Study)

Abstract

Customs have different functions within the scope of the contracts and this is reflected in the need to determine the exact content of the contractConsidering that this content determines contractor's phrases that indicate their shared will naturally, where sometimes these terms are ambiguous and thus need to be explained by the judge, so customs is considered one of the factors that inferred in interpretation of this ambiguity by clarifying the meanings of the words and actions and significance of the real intentions and purposes that contractors willing to throughout using all the clues and evidence associated with the surrounding text, but this without forgive him stick to the apparent meaning of the literal wording on the basis of the fact that considered words as flexible templates that will highlight the spirit of meaning