القيمة القانونية لأدلة المفاوضات و دورها في تفسير العقد المكتوب : دراسة مقارنة

الملخص EN

The major theme of this paper is to highlight the subject of the legal force of pre-contractual evidence and its conflict with the interpretation of the written contract by reviewing the legal principles and jurisprudence in the Anglo-saxon, Latin and Arab law systems.

The problem of this study lies in achieving balance between the interest of the parties in relying on the final agreement as a tool of achieving legal certainty on the one hand, and their desire to oppose the content of the contract’s document through the evidence of prior negotiations, on the other.

In order to eliminate the conflict between such adverse interests, the paper follows the analytical and descriptive approach in addition to the comparative approach, so as to identify the legal basis and principles, specify the various legal directions and explain the method used to address the research problem.