Legal custom as a source of law in the modern legal system: theoretical and legal analysis
Journal Title: Часопис Київського університету права - Year 2018, Vol 1, Issue 1
Abstract
The article is dedicated to theoretical law analyses of legal custom as a legal source of modern law system. By the way, the author points out the legal custom formation stages and it is also noticed that legal custom arose because of the necessity appearance to create a new regulation with an ability to govern the situation. Furthermore, the author also observes the way of legal custom from the creation and repeatable application of the regulation by particular society and recognizing it to be the most valuable and, as a result, necessity to enforce it with the help of the state. The legal custom is applied in several provisions of the national legislature that is the Civil Code and Commercial Code of Ukraine. Consequently, only several customs facilitates the noticed earlier results, that is why it is important to estimate all consequences of legal custom application in particular situation and, judging by this, to enforce this kind of legal source only in the case its application will have better results than the application of other kinds of legal sources.
Authors and Affiliations
Volodymyr Tsyuprik
Keywords
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