Ierarhia surselor dreptului în noul Cod civil - rolul uzanţelor
The hierarchy of sources of law in the new Civil Code – the role of usages
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: usages; sources of law; law analogy.
Summary/Abstract: The usages represent a subject briefly and unconvincing discussed in the Romanian doctrine, probably because the old Civil Code did not granted the due importance to this matter. The new Civil Code renders this notion the role it deserves among the sources of law: usages immediately follow the law and are above the socalled “law analogy”. Their legal force is similar to that of the law, having a regulatory force as well. This study aims to identify the delineation site of the usages in the sources of law hierarchy, respectively determining the mechanism by which may be solved the potential conflict between usages and law, usages and parties autonomy.
- Issue Year: 2013
- Issue No: 03
- Page Range: 51-64
- Page Count: 14
- Language: Romanian