The Place of Legal Custom in the System of Sources of Regulation of Private Relations

  • Iryna I. BANASEVYCH Department of Civil Law Vasyl Stefanyk Precarpathian National University, Ivano-Frankivsk, Ukraine
  • Ruslana M. HEINTS Department of Civil Law Vasyl Stefanyk Precarpathian National University, Ivano-Frankivsk, Ukraine
  • Mariya V. LOHVINOVA Department of Legal Proceeding Vasyl Stefanyk Precarpathian National University, Ivano-Frankivsk, Ukraine
  • Ihor V. MYRONENKO Department of Civil Law Vasyl Stefanyk Precarpathian National University, Ivano-Frankivsk, Ukraine
DOI: https://doi.org/10.14505//jarle.v9.8(38).03

Abstract

The relevance of the work is to fully implement the possibility of the exchange of information and technologies between subjects of law for the formation of a balanced legal system. The novelty of the scientific paper is determined by the fact that legal custom is considered not only as a consequence of the emergence of a certain legal system, but also as an environment that forms additional legal relations, formalizing certain traditionalistic legal relations related to the historical and cultural features of the region. In this paper the authors show the genesis of the legal custom, its forms of implementation and the principles of its implementation, which can be applied to case law and codified systems of law. The scientific paper reveals the concept of tradition and custom; legal custom is differentiated from the case and the possibility of its evolution is shown. The practical application of the research determines the possibility of forming an innovative legal environment, along with the development of traditional legal systems.

References

[1] Adhikari, S., and Guha, S. 2018. Mediated communication and commoditization of the female gender: Discourse analysis indian news magazines. Media Watch, 9(3): 501-519.
[2] Albano, F., Caten, C.T. and Anzanello, M. 2017. Principal component analysis for selection of variables in homogeneity and stability tests applied to proficiency testing schemes. Periodico TcheQuimica, 14(27): 30-35.
[3] al-Fiqhiyyah, al-Q. 2010. Custom and Legal Maxims. Palgrave Macmillan US.
[4] Bocheliuk, V. I., et al. 2019. Management of professional readaptation in terms of the modern Ukrainian society. Astra Salvensis, 1: 539-552.
[5] Boria, P. 2017. The Tax Power in the Tradition of the European Legal Systems. Springer International Publishing.
[6] Borisov, Ye.Ye. 2014. The UN international covenant on civil and political rights: mechanisms of derogation from commitments. Journal of the National Academy of Legal Sciences of Ukraine, 25(4): 61-73.
[7] Conklin, W.E. 2001. The Tradition of Legal Positivism in Modern Legal Thought. Springer Netherlands.
[8] Del Mar, M. 2015. Legal Fictions and Legal Change in the Common Law Tradition. Springer International Publishing.
[9] Druskienė, A., and Šarkiūnaitė, I. 2018. Motivational incentives of civil servants in Lithuanian municipalities. Public Policy and Administration, 17(3): 344-370.
[10] French, R.M. 1989. An analogy between western legal traditions and approaches to artificial intelligence. AI & SOCIETY, 3(3): 229-234.
[11] Gordon, B. 1975. Three Legal Traditions: Rabbis, Romans and Canonists. Palgrave Macmillan UK.
[12] Graver, H. P. 2018. Judicial independence under authoritarian rule: an institutional approach to the legal tradition of the west. Hague Journal on the Rule of Law, 10(2): 317-339.
[13] Grinyak, A.B., and Protsenko, V.V. 2015. Custom as a source of legal regulation of contractual relations. Private Law and Entrepreneurship, 14: 184-189.
[14] Jemielniak, J. 2002. Just interpretation: the status of legal reasoning in the continental legal tradition. International Journal for the Semiotics of Law, 15(4): 325-335.
[15] Koehn, D. 2019. Intentional Agency Responsibility in the Anglo-American Legal Tradition. Springer International Publishing.
[16] Kokhanovska, О.V. 2018. The civil law norm as a universally binding rule of conduct, as information and the result of creativily. Journal of the National Academy of Legal Sciences of Ukraine, 25(2): 142-155.
[17] Kostruba, A.V. 2018. Theoretical understanding of the system of legal forms of protection of corporate relations. Journal of the National Academy of Legal Sciences of Ukraine, 25(1): 97-119.
[18] Krygier, M. 1986. Law as tradition. Law and Philosophy, 5(2): 237-262.
[19] Ma, T.-C. 2012. Legal tradition and antitrust effectiveness. Empirical Economics, 43(3): 1263-1297.
[20] Martinez-Blasco, M., Garcia-Blandon, J. and Argiles-Bosch, J.M. 2015. Does the informational role of the annual general meeting depend on a country’s legal tradition? Journal of Management & Governance, 19(4): 849-873.
[21] McFaul, H. 2018. Freedom of Religion and the Invention of Tradition. Springer International Publishing.
[22] Oto-Peralías, D., and Romero-Ávila, D. 2017a. Legal Change Within Legal Traditions and Convergence. Springer International Publishing.
[23] Oto-Peralías, D., and Romero-Ávila, D. 2017b. Revisiting the Legal Origins Hypothesis: A Brief Review of the Literature. Springer International Publishing.
[24] Petrishin, O.V. 2014. The Theory of State and Law. Pravo.
[25] Rai, N. 2018. Discourse analysis: How Bhutanese issues are discussed online? Media Watch, 9(2): 194-202.
[26] Rakštelytė, L., and Rakštelytė, A. 2018. Human resource management processes improvement at the municipality level: Case of Vilnius city municipality administration. Public Policy and Administration, 17(4): 662-675.
[27] Rotolo, A. 2005. Sources of Law in the Civil Law. Springer Netherlands.
[28] Shapenko, L.O., and Kovtun, O.S. 2015. Local customs sources in the system of law in Ukraine.Actual Issues of Public and Private Law, 1:13-16.
[29] Shinysherova, G.B., et al. 2018. Influence of training of cognitive - Practical activity of students on efficiency of professional training in the process of educational field practice on biology. Periodico TcheQuimica, 15(30): 322-329.
[30] Shu-Chen, W. 2007. The Chinese Legal Tradition and the European View of the Rule of Law. Springer Netherlands.
[31] Strelnikova, I.Y., and Pogorelov, E.V. 2010. Local customs law in modern Ukraine. Scientific notes of the Taurida National University named after V.I. Vernadsky. ‘Legal Science’ Series, 2(23 (62)): 52-56.
[32] Tishchenko, Y.V. 2018. Legal myths and mythologems of jurisprudence. Journal of the National Academy of Legal Sciences of Ukraine, 25(2): 27-40.
[33] Tontti, J. 1998. Law, tradition and interpretation. Revue Internationale de Semiotique Juridique, 11(1): 25-38.
[34] van den Dungen, P. 1991. Legal Tradition and International Disorder. Palgrave Macmillan UK.
[35] Voghouei, H., Azail, M. and Law, S.H. 2013. The effect of dynamic legal tradition on financial development: panel data evidence. European Journal of Law and Economics, 35(1): 109–36.
[36] Yarotskiy, V.L. 2018. Private legal enforcement in civil protective legal relations. Journal of the National Academy of Legal Sciences of Ukraine, 25(1): 219-236.
[37] Zack, N. 2018. Egalitarian Spiritual and Legal Traditions. Springer International Publishing.
[38] Zakieva, R.R., et al. 2018. The significance of studying legal protection of rights on innovative creations: The case of entrepreneurship education. Journal of Entrepreneurship Education, 22(3): 1-11.
Published
2019-11-28
How to Cite
BANASEVYCH, Iryna I. et al. The Place of Legal Custom in the System of Sources of Regulation of Private Relations. Journal of Advanced Research in Law and Economics, [S.l.], v. 9, n. 8, p. 2540-2550, nov. 2019. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4103>. Date accessed: 21 dec. 2024. doi: https://doi.org/10.14505//jarle.v9.8(38).03.
Citation Formats
Issue
Vol 9 No 8 (2018): JARLE Volume IX Issue 8(38) Winter 2018
Section
Articles

The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.