2016JOURNAL OF LEGAL RESEARCHRequires access

Comparative Study of Broad and Narrow Interpretation of Contra Proferentem Rule in Insurance Contracts

A R Yazdanian, Hamid Araei

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Abstract

Based interpretation of a contract is the analyzing common intention of both sides. To reach and clarify such a deed, the application of interpretation rules is essential. one of the contract that is required in their interpretation are adhesion contracts such as insurance contract that in which most happen many contradictions in expressions and conditions and this might highlight the importance of the application of interpretational rules in these kinds of contracts. One of the most outstanding rules known as Contra Proferentem rule, which is current in contract interpretations, is interpretation to the loss of contract binders. It is attempted to consider this rule and its outcomes resulted by its execution as well as its advantages and disadvantages in two ways of broad and narrow interpretations. The main emphasis is on the American jurisprudence as a country that have common law system and particularly in insurance contract. Appears with little perspective, we could to apply that the rules with consideration in terms of interpretation of Iran's legal system.

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What this paper is about

Based interpretation of a contract is the analyzing common intention of both sides. To reach and clarify such a deed, the application of interpretation rules is essential. one of the contract that is required in their interpretation are adhesion contracts such as insurance contract that in which most happen many contradictions in expressions and conditions and this might highlight the importance of the application of interpretational rules in these kinds of contracts. One of the most outstanding rules known as Contra Proferentem rule, which is current in contract interpretations, is interpretation to the loss of contract binders. It is attempted to consider this rule and its outcomes resulted by its execution as well as its advantages and disadvantages in two ways of broad and narrow interpretations. The main emphasis is on the American jurisprudence as a country that have common law system and particularly in insurance contract. Appears with little perspective, we could to apply that the rules with consideration in terms of interpretation of Iran's legal system.

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Available abstract

Based interpretation of a contract is the analyzing common intention of both sides. To reach and clarify such a deed, the application of interpretation rules is essential. one of the contract that is required in their interpretation are adhesion contracts such as insurance contract that in which most happen many contradictions in expressions and conditions and this might highlight the importance of the application of interpretational rules in these kinds of contracts. One of the most outstanding rules known as Contra Proferentem rule, which is current in contract interpretations, is interpretation to the loss of contract binders. It is attempted to consider this rule and its outcomes resulted by its execution as well as its advantages and disadvantages in two ways of broad and narrow interpretations. The main emphasis is on the American jurisprudence as a country that have common law system and particularly in insurance contract. Appears with little perspective, we could to apply that the rules with consideration in terms of interpretation of Iran's legal system.

Key concepts: Interpretation (philosophy), Deed, Jurisprudence, Insurance policy, Law and economics, Business, Law, Economics

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