تفسير العقد في القانون المدني الجزائري و الفقه الإسلامي : دراسة مقارنة

الملخص EN

The contract is considered the most important source of commitment to the sources ,and the contract ,as defined by scholars agree is the two wills toward legal effect ,or in other words is a compromise between two parties correspond Their will express them and be replaced and is caused by a project.

The judge as the interpretation of the contract for up to determine the obligations established by detecting that the will of the two contracting parties And apply the provisions of the law ,and must judge ,who offered him the conflict between the two contracting parties to seek a common will t Contractors o to adjudicate the dispute.

Occupies a matter of interpretation of contracts of great importance in the different legal systems and that because of its stand on the will of the contractors, so the legislator gave special place and put her a set of legal rules that will help the judge in determining the content of the contract.

Interpretation is to determine the meaning of the provisions contained in the specific contract, if the texts were not clear reveal clearly intentionally contractors in order to determine the content of the contract and stand up to the obligations it generates.