خصوصية تفسير العقد وتحديد مضمونه وفقا لمقتضيات حسن النية

الملخص EN

Within the contract and its impact on the obligatory force of the contract.

so, it explains that the specificity of the goodwill principle in determining the scope of the contract, by looking for the process of interpreting the subjective and objective tendency of the contract, in terms of the individual's behavior in expressing the will that constitute the contract, where the legislator has empowered the judge to interpret the contract, if there are ambiguous phrases or in case he has doubts about their meaning through the use of the article 02 / 111 of the Algerian civil code, in order to determine the common intention of the parties to express their will about concluding the contract, also acknowledged factors that help the judge to complete the contract, such as law, custom, justice, cooperation, honesty, integrity, and non-use of abuse.

this is in order to achieve contractual balance according to the requirements of goodwill, and this authority granted to the judge is considered an exception to the general principle that decides the freedom of contractual will, but in order to avoid disputes that may arise between the contracting parties in the future, this authority was given to the judge in order to organize the contract and specify its content accurately.