The idea behind this research revolves around the effect of custom in contracts which was coined as "the contractual custom". This custom refers to traditions that people consider common practice in the conclusion of contracts, until it became in their view an obligation that they can't breach. Therefore, this study attempts to establish a theory of the contractual custom to define it and its effects on the actual contract.
In order to develop a complete theory of the contractual custom, the research draws a general framework of a contract, starting with its definition and distinguishing it from the usual agreement then stating its elements and types, and its binding nature. Firstly, the study helps identify the contractual custom’s level in the legal rules that govern the contract which in turn determines the binding strength of the contracts within the legislation that governs the contract, and for the contract itself which applies the custom. Secondly, the research delineates the effects of the custom when considered a law, where the custom is the legal basis and its effects as a fact which is the case when it is used for the interpretation of the contract
Ali, Alaa Hussein and Abdulghafoor, Riad Ahmed
Journal Sharia and Law: Vol. 2014
, Article 5.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2014/iss60/5