Unwritten Law - what does that really mean?

01-08  Source: Network gathering  Views:5 


Unwritten Law - what does that really mean?

An unwritten law applies in common with each other. Gerd_Altmann_Shapes-AllSilhouettes.com / Pixelio

An unwritten law - meaning in Germany

  • The easiest way to a so-called unwritten law of the actual wording already explained. It involves a generally recognized right which is, however, not written.
  • It is quite possible that you know an unwritten law as customary law. This is the more common name, as it is used not only in Germany.
  • Although the common law is not written down in legal texts does not mean that you can simply ignore this. In today's jurisprudence, there are always also judgments relating to the common law.
  • Even though it is called an unwritten law - a criminal offense can not be inferred from the fact that you do not abide by this law in Germany. But this is true no longer, if a judge rules in your case you must act accordingly.
  • Unwritten laws, there are also in private. So there are also among friends and families unwritten laws. These have no legal consequences, but make for a good living together with one another. Even this can be found in the next section examples.

Examples of customary law

Whether the legal framework or also referred to only colloquially as "Unwritten Law". For both you will find here examples from practice.

  • Often disputes result in private at court hearings. If you think, for example, the use of garden in an apartment house: If this is allowed for years, but is to be prohibited at a time because of disputes, the Leittragende court may well rely on the common law.
  • Particular importance has the common law in the field of international law. The customary international law refers primarily to dealing with today. The common interpretation of the law of several countries plays a role. As it applies to an unwritten law, it is also called here: content of customary international law may be through years of use in various States to unwritten law.
  • People say to live in a close relationship to a large extent, that it is an unwritten law not to be unfaithful. You can turn your partner certainly not knitting in court, and yet this unwritten law has remained many as such in mind.
  • Many unwritten laws in the joint together are the place of residence and in their own country without much thinking in my head and be implemented accordingly. But what about in Europe? Also place there are unwritten laws. That starts already on a small scale: How much tip is for example in the USA adequately to be looked at not funny? The best way to inform yourself before your trip about what "common practice" is. This saves you a lot of small blunders.

Unwritten laws can be found everywhere in your life. Whether this can be deduced a legal right or not, it is advisable to check also an unwritten law, so as not to play itself off.

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