Objective: The principle of freedom of contract as part of the autonomy principle and an important issue and is the basis of contract law and Article 10 of the Civil Code is one of the principle of the rule subsidiary in its concept implies that the contract of In terms of the effects of legal and detect the type and nature of the agreement. Methodology: based on the intention of the parties and according to prevailing opinion, the purpose of the intended meaning, intention inwardly. Results: However, in the above-mentioned concepts not only consensus but also in some of the legal distinction between principle has not been discussed in the present article tries to study the principle and application of each of them recognized the distinction is a Since the interpretation as mentioned contracts both courts cited in the application. Conclusion: So the effect of the present analysis (jurisprudence) is undeniable.
