CUSTOMS - AS FORMAL SOURCES OF LAW. SPECIAL VIEW AT THE INTERNATIONAL TRADE CUSTOMS
CUSTOMS - AS FORMAL SOURCES OF LAW. SPECIAL VIEW AT THE INTERNATIONAL TRADE CUSTOMS
Author(s): Iulia Boghirnea, Elize Nicoleta ValcuSubject(s): Civil Law, International Law, Commercial Law
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: international customs; common law; tradition, binding legal rule; formal source of law; real source of law;
Summary/Abstract: The scientific analysis of customs is still and will continue to be relevant, especially in commercial matters, the new Civil Code consecrating it this time as well, making express reference to it. The legislator of the new Civil Code stipulates that custom is understood as common law or tradition as well as professional usage and we note that in civil matters it uses the term “local custom” and in matters of civil or commercial contracts the term “customs”. In the present study we aim to make a theoretical analysis of customs, with special regard to international trade customs.
Journal: Fiat Iustitia
- Issue Year: 1/2022
- Issue No: 1
- Page Range: 38-45
- Page Count: 8
- Language: English