The role of custom in the interpretation of the contract (comparative study)

Abstract

Custom has different functions within the scope of contracts, which is reflected in this on the necessity of accurately defining the content of the contract, given that this content is determined by the phrases of the contracting parties that indicate their joint will, of course, and since sometimes these phrases are ambiguous and then need interpretation by the judge. Custom is one of the factors that guides in interpreting this ambiguity by clarifying the meanings of words and actions and their indication of the real intentions and purposes that the contracting parties wanted by exploiting all associated clues and clues surrounding the text. It will highlight the spirit of the meaning it carries