comply with customary law - so inform yourself properly about the unwritten law

11-04  Source: Network gathering  Views:20 


comply with customary law - so inform yourself properly about the unwritten law

View the Gewohnrechtsrecht, that case law is called!

Get to know the common law in force

Customary law is not created by an ordinary method and it is not written down. You can not read in a collection of laws there. Customary law is unwritten law. It is long practiced and widely accepted. Many jurisdictions place customary tenure as an independent source of law. It is in a competitive relationship with the written law. The unwritten law is as binding as the written law, unless the law requires a written rule.

  • In canon law are three possible types of customary law: first, the illegal, secondly, filling the legal gaps and thirdly, excluding National customary law.
  • In international law, customary law plays a particularly important role. German law provides for the possibility of recognizing customary law.
  • The judge must consider in an ongoing process of the customary law of its own motion. This is normalized in § 293 ZPO.
  • It is partly made in written law on unwritten customary law, for example in § 346 HGB (commercial customs) or § 242 BGB (performance in good faith).
  • In Germany, no one can be convicted of a non-written down offense, this would violate the constitution. The offense must have been normalized against the offense was committed.
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