Document Type : Scientific Research

Author

• a h

Abstract

The obligation may originate from act or contract. That section of contractual obligations which has been explicitly or impliedly agreed upon, is called principal contractual obligation. But the obligation that does not explicitly or impliedly originate from party’s will, rather are enforceable according to the act and being subordinate to contract is known as ancillary contractual obligation. In art 220 (c. c) legislator has alluded that ancillary contractual obligations which has been originated from custom or act are enforceable. In present paper with a new interpretation of above mentioned art and art 225 (c. c) and taking into consideration the principle 167 of constitution has been concluded that the principal contractual obligation and ancillary contractual obligation (which has been originated from act), are enforceable; but by virtue of principle 167 the latter are not enforceable if bas been originated from custom.

Keywords

• obligation
• principal contractual obligation
• ancillary contractual obligation
• presumptive custom
• custom in fact