The Official Journal for College of Law and Political Science, Alnoor University
The Role of the Maxims of Interpreting the Contract in achieving Sustainability of the Legal Security in the Iraqi Civil Law / An Analytical Comparative Study with Both the French and English Laws
College of law and international relations. Cihan private university
Abstract
This research is interested in studying the realization of the sustainability of the legal security, by interpreting the contract to remove the ambiguity, vagueness, obscurity and even the contradiction surrounding the clauses of the Contract in the civil law. Therefore, the interpretation of the contract and particularly the maxims of interpreting the contract can play a considerable role in realizing the legal security in the extent of the civil law. The Iraqi civil code No. (40) of 1951 encompasses many maxims of interpreting the contract, the same is true for the French civil code, amended by the new French code of the contract, issued by the ordinance n° 2016-131 dated February 10, 2016 as to the reforms of the law of contract, general regime and proof of obligations. The English common law has also contained the rules of the construction of the contract, aimed at removing ambiguity, vagueness or obscurity surrounding the words, phrases and terms of the contract. The problematization is also embodied by a questions concerning the ascertainment of the importance of the interpretation of the contract in achieving or realizing the sustainability of the legal security within the context of the civil law, by clarifying the obscurity if the contract contains some ambiguous stipulations. Finally the researcher suggests some relevant recommendations to the Iraqi law-maker.
Ali,Y . (2025). The Role of the Maxims of Interpreting the Contract in achieving Sustainability of the Legal Security in the Iraqi Civil Law / An Analytical Comparative Study with Both the French and English Laws. Al-Noor Journal for Legal Studies, 2(1.S), 1-12. doi: 10.69513/jnfls.v2.i1.a16
MLA
Ali,Y . "The Role of the Maxims of Interpreting the Contract in achieving Sustainability of the Legal Security in the Iraqi Civil Law / An Analytical Comparative Study with Both the French and English Laws", Al-Noor Journal for Legal Studies, 2, 1.S, 2025, 1-12. doi: 10.69513/jnfls.v2.i1.a16
HARVARD
Ali Y. (2025). 'The Role of the Maxims of Interpreting the Contract in achieving Sustainability of the Legal Security in the Iraqi Civil Law / An Analytical Comparative Study with Both the French and English Laws', Al-Noor Journal for Legal Studies, 2(1.S), pp. 1-12. doi: 10.69513/jnfls.v2.i1.a16
CHICAGO
Y Ali, "The Role of the Maxims of Interpreting the Contract in achieving Sustainability of the Legal Security in the Iraqi Civil Law / An Analytical Comparative Study with Both the French and English Laws," Al-Noor Journal for Legal Studies, 2 1.S (2025): 1-12, doi: 10.69513/jnfls.v2.i1.a16
VANCOUVER
Ali Y. The Role of the Maxims of Interpreting the Contract in achieving Sustainability of the Legal Security in the Iraqi Civil Law / An Analytical Comparative Study with Both the French and English Laws. NJLS. 2025;2(1.S):1-12 (In العربیة). doi: 10.69513/jnfls.v2.i1.a16
