CONSIDERATIONS REGARDING CUSTOM AND ITS ROLE AS A SOURCE OF LAW
CONSIDERATIONS REGARDING CUSTOM AND ITS ROLE AS A SOURCE OF LAW

Summary/Abstract: Custom is the oldest formal source of law and was formed by the repeated application of a legal idea in a number of individual cases, ie by setting precedents over a long period of time. The study of customs has a special role in deciphering the formation of positive law and in explaining the national specificity of a legal system. From a historical point of view, custom or customary law was the first form of positive law. The first legal norms were nothing but the transformation of some customs into binding legal norms, guaranteed by the public power. The disadvantages of the custom are its mobility, especially in its original form. In any case, the custom is very difficult to ascertain, while the law is easily ascertained from its text. The written law (the law) is a precise right, susceptible of generalization and adoption through a fast procedure.

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