The Opus Tripartitum as an Original Source of Law as well as a Source of Knowledge about Custom in Light of Late Modern Age Hungarian Jurisprudence
The Opus Tripartitum as an Original Source of Law as well as a Source of Knowledge about Custom in Light of Late Modern Age Hungarian Jurisprudence

Summary/Abstract: The objective of the study is to introduce late modern age legal opinions on custom and its place among sources of law in the Hungarian legal system. It focuses especially on the characteristics and functions of custom and clarifies the relationship between custom and the law as such (lex, act) as another source of law. The Hungarian modern age is characterised by a symbiosis between custom and the law and by a related dispute about how they relate to eachother. The authors of the study focused their attention on a dispute over the derogatory function of custom in relation to the law and highlighted the trend of a major effort towards codification and the related growing importance of lex as a source of law.

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