دور العرف في تفسير العقد : دراسة مقارنة

الملخص EN

Custo ms have different funct io ns wit hin the scope o f the contracts and this is reflected in the need to determine t he exact content of the co ntract Cons idering that this content determines contractor's phrases that indicate their shared will naturally, where so met imes t hese terms are ambiguous and thus need to be expla ined by the judge, so customs is considered one o f the factors that inferred in int erpretatio n of this ambiguit y by clarifying the meanings o f the words and act ions and significance o f the real intent io ns and purposes that contractors willing to throughout using all t he clues and evidence associated with the surrounding text, but this wit hout forgive him st ick to the apparent meaning o f the lit eral wording o n the basis of the fact that considered words as flexible templates that will highlight the spirit of meaning.