Legal Custom as a Source of Civil Law: Theoretical and Legal Problems
- Autores: Efimova O.A.1
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Afiliações:
- Institute of Legislation and Comparative Law under the Russian Federation Government
- Edição: Volume 14, Nº 6 (2021)
- Páginas: 66-70
- Seção: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531344
- ID: 531344
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Resumo
The article analyses the essence of the phenomenon of legal practice in Russian civil law. Discusses examples of legal custom, it investigates the nature of particular legal traditions. This article provides an analysis of such a theoretical and legal phenomenon as legal custom in russian civil law. Examples of legal customs are considered, the essence of specific legal customs is investigated in order to identify the role of legal custom in the formation of legislation, as well as the procedure for authorizing customs and filling gaps in law, the nature of the operation of legal customs is analyzed on a par with the law and in some cases instead of the law. The examples of judicial practice related to the legalization of legal customs and the practice of sanctioning legal customs within the framework of contractual relations, as well as options for the direct impact of customs on social relations, are considered on the example of certain types of legal relations. In addition, the author identifies the characteristic features that make it possible to define custom as a modern source of law, and establish the need for a more comprehensive study of the application of legal custom as a source of individual branches of law.
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Sobre autores
Olga Efimova
Institute of Legislation and Comparative Law under the Russian Federation Government
Email: efimovazakon@gmail.com
postgraduate student Moscow, Russia
Bibliografia
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