The Place of Custom in French and Tunisian Law
The Place of Custom in French and Tunisian Law

Author(s): Madalina-Gabriela Guta
Subject(s): Social Sciences
Published by: Udruženje ekonomista i menadžera Balkana
Keywords: Custom; French law; Muslim law; Laws
Summary/Abstract: At first solitary, Homo sapiens soon realized that to survive it had to work with others. This collaboration took the form of human communities based on common interests and values. However, for society to function and develop well, in addition to a system of shared values, there must be a set of rules to guide the behaviour of community members, especially as self-interest can sometimes take precedence over the general interest. The creation of customs- unwritten rules that arise from repeated and accepted practices within the community, has not only ensured that the members of the community live well together, but has also led to its evolution. Thus, by taking a brief trip down through history, custom shows us how legal rules emerged from existing beliefs and customs within the community. So the law of a state is alive, it emerges as a result of social interactions and is not just a set of rules laid down and imposed by a particular authority. Today, it is written law that dominates, but custom continues to play a fundamental role, especially in areas where the law is ambiguous.

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