Právna obyčaj v Graciánovom dekréte
Legal Custom in Gratian’s Decretum

Summary/Abstract: Gratian’s Decretum is the most important source of the history of canon law, to the extent that the contemporary form of this legal system is not possible to imagine without it. This work achieved such a significant influence also on the development of several institutions of secular law, and these procedures were relevant especially in the period of applying of the first Europe-wide legal system of ius commune. The compilation begins with an extensive introduction consisting of twenty distinctions denoted in the canonistic science most frequently as the Tractatus de legibus. Gratian had to, inter alia, deal with the most important source of law in his time, that is to say, the legal customs that dominated in many aspects not only in secular, but even in canon law. His conception on the one hand made provision for the considerations of older lawyers, namely the representatives of classical Roman jurisprudence, but on the other hand offered several starting points terminative for many canonists, especially from the ranks of Gregorian reformists. The main goal of this article is to point out the conception of legal custom in Gratian’s Decretum, including its foundations and influence on the next development of the legal tradition.

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