principles, are not mere agreements in which some clauses were inserted by the will of the parties, but rather are real common economic projects between the parties, these contracts are intended to achieve the common contractual interest of the parties by ensuring that their effects remain effective. Because these contracts are in a situation of constant interaction with reality, this requires preserving them from the risk of rescission and invalidity as much as possible, and by various legal means. Perhaps the most important and qualified way to preserve the international commercial contract (the common economic project) is to resort to the interpretation of the contract in a way that the interpreter puts in mind the purpose of the contract in society, which gives the interpretation the character of (advanced), which is characterized by trying to achieve harmonization between the contract and its changing reality, thus ensuring in the end the contractual common interest. In this sense, the advanced interpretation of the contract means the mental process that attempts to determine the intention of the contracting parties from outside the terms of the contract by harmonizing the contract with the reality and customs of the transaction, as well as maintaining its efficiency and integrity. The advanced interpretation of the contract is also characterized by an objective tendency that is concerned with the search for the contractual intent according to the reasonable person's understanding of the terms of contracts at the time of their conclusion, it is also concerned with the purpose of the contract in light of the circumstances surrounding it. The research concluded that the features of the advanced interpretation in the principles of Unidroit lie in the fairness and efficiency of the contract, in addition to its integrity and realism.
Al-Ahmad, Mohammed Sulaiman prof. and Hamid, Dr. Abdullah Fadhel Dr
"The Influence of Unidroit Principles on the Evolving Interpretation of the Contract,"
UAEU Law Journal: Vol. 2024:
97, Article 1.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2024/iss97/1