THE DEVELOPED JUDICIAL INTERPRETATION OF THE CONTRACT

Abstract

The judicial interpretation of texts differs from the judge’s interpretation of the contract. While the legal text is interpreted by searching for the general will of the legislator, the interpretation of the contract’s phrases is by searching for the real will of the contracting parties based on the core of the contract and the elements outside of it and related to it. However, in both cases the interpreter must follow a developed interpretation that requires him to deal with the text or phrases to be interpreted according to the social need of his time, by discussing or researching what the legislator would have gone to if he had been entrusted with the legislation on that day, and not what he was thinking on the day the legislation was enacted, so that the interpretation keeps pace with the development in society, and its content is in harmony with the changes that have occurred in the circumstances of life for which those texts or phrases were enacted in the contract. The legislator, no matter how broad his horizons and penetrating his insight, remains unable to encompass all that life may produce in terms of rapid and complex developments in the field of financial transactions. In the face of the judge’s excuse of the deficiency or ambiguity of the legislation, the judge is given the ability to make rules by interpreting them with a developed interpretation with Considering the wisdom of its inclusion, it is said that the Judges-made law of parties