Usages - Source of Civil Law in the Regulation of the Romanian Civil Code

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Usages - Source of Civil Law in the Regulation of the Romanian Civil Code

Journal Title: International Journal of Academic Research in Business and Social Sciences - Year 2018, Vol 8, Issue 5

Abstract

The role of custom in the formation of modern law is undeniable. The evolution of social relationships and structures, as well as the need for legal stability and predictability have diminished the importance of habit in ordering legal relations. The present study aims at analysing the role of custom in Romanian private law. The issue is particularly important, especially since the new Civil Code, which entered into force on October 1, 2011, mentions usage as a source of subsidiary civil law and subordinate to the law. Many authors considered this regulation to be an anachronistic one, a return to the past. However, through a careful analysis of the regulation contained in the Civil Code, it can be concluded that this was necessary from the point of view of uniformity in the application of international trade usages in the context of globalized trade. Thus, although custom has always played an extremely important role in public international law (e.g. diplomatic usages), there is a tendency to accept it as a distinct source of law in the legal relations of private law as well.

Authors and Affiliations

Ilie-Cătălin Ungureanu

Keywords

EP ID EP562938
DOI 10.6007/IJARBSS/v8-i5/4392
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