تفسير عبارات العقد على ضوء رقابة المحكمة العليا

Abstract EN

The probleme of interpreting the contract appeared with the imergence of the pricipale of consensualism; where contracors are often offended via missing some details and conditions, or their expression is ambigiuous, so their agreement becomes vague, wich necessiates the judge's intervention to interpret the contract terms.

The interpretation of the contracts terms neans adjusting contractual obligations and determining the common whill of the parties, through removing the ambiguity contained in those terms, by the judge; provided that the later is committed to general rules of interpretation, as well as those mentionned under the provisions of articles 111 and 112 of the civil code, which ensure that its provisions will not be affected, until the amendment in its contract.

The issue of interpretation is one of the acts which is submitted to the discretionary power of the trial judge; where thes discretions are not the control of the supreme court