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Sayyed Mortaza Qasemzadeh Associate Professor Department of Law, Faculty of Judicial Sciences and Admenistrative Services  Although, the meaning of interpretation and adjustment is clear and each one should be applied in its own place, it is possible that the judge interpret it in the coverage of adjustment. The message of this article is that the mentioned meanings have independency and each one naturally should be used in its own place and whenever the interpretations in the coverage of adjustment, it's authorized and its reversed is forbidden. The main aim in interpretation is making clear contract provisions and obviating its ambiguity as well. All interpretators' at temp is to obviate all covers with the use of interpreting rules and to achieve to the common intention of both parties. Judge cannot deviate from common will of both parties and review on the provisions of contract or impose his own will on them, though it is near to justice or in agreed with it. Because, the justice should be searched in the shadow of parties mutual consent which has obtained in freedom. But in adjustment ( legal & jurisdiction), it is revocated from common intention of both parties and contract provisions coordinate with new conditions. Nevertheless, on the basis of an analysis, legal adjustment specified by judge ends to contract interpretation; it refers basically to the contract adjustment and has root in agreement of both parties. Because this analysis is justified by using a kind of joint & implied consent provision and as a result interpretation occures in the coverage of adjustment. This article has been prepared and compiled in two parts: binary interpretation and adjustment (first part) and the requirement of will governing principle, adjustment and similar samples in divine law and subject law (second part), respectively.

Keywords: interpretation, Adjustment, Legal & Jurisdiction Adjustment, Review on Contract, Will Governing Principle, Common Intention of Both Parties, and Joint & Implied Consent

     

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