Customary law - a set of squatter customs.This is the unwritten rules of behavior, which authorized the government.The legal system includes only those practices that perform the function of legal norms.That is, they represent the interests and will of the politically and economically dominant classes, adapted to the existing state currently economic and political conditions.
Customary law - practices that repeatedly applying became generally binding.Due to prolonged use they acquired obligatory value.Historically, they were the first of all the sources of law.They are enforced by coercive powers of the state.
Variety customs - business usual.They are formed in different areas of the government: executive and administrative, parliamentary, judicial, etc.
Customary law, in contrast to the scriptures, is formed directly in practice.When formed in practice, the custom does not get the recognition and protection of the state, he does not acquire a legal nature, while remaining simple or domestic.If his "notice", recognize and provide positive opportunities it acquires legal value.In this case, the court or other public body may refer to such customs as sources of law.
As custom becomes legal?
The legal customs are not all, but only those which:
1. develops during the use of the plural (for example, for several generations).
2. Differ typical, sustainable.
3. Are legal views of small groups of people, that is the norm have local significance.
4. Express mores of society.Roman lawyers argued that the customs - the silent consent of the people, which is confirmed by the ancient rules.Therefore, they have obligatory character.
history of
Customs occupy a significant place in the historical monuments such as the laws of Hammurabi, Russian and Salic truth.Even in the early stages of the emergence and development of the state customary law played an important role in regulatory systems.
Over time, in the development of trade relations, economic ties, expanding the scope of government, became increasingly apparent conservatism of customary law.An emerging society the objective requirements led to the emergence of norm-setting.Customary law gave way to the laws and other acts - "products" of the activities.
And what about today?
As one of the sources of law practice has not disappeared to this day.He just gained other forms, so to speak altered.It is actively used in our legal practice.First of all, he found the action areas of the private, public, administrative, constitutional, fiscal law.
Today there is a system of customary law in Madagascar, Asia, Africa, Oceania, the number of Latin American and Arab countries.There, it has been widely used in the process of adjustment of public relations.
To this day, the customary law in high esteem in the Muslim countries.They call him the adatom.As a collection of folk customs and legal practices, customary law affects all Muslims questions about their life, family and property relations.
But in developed countries it assigned a secondary role.In continental Europe, it is used only in cases specified by law.That is, the common law should not contradict the law, it is intended to complement them and "animates".It can not cancel the specified laws.
