Custom (law)

Custom (law)

Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law." Customary law exists where:

  1. a certain legal practice is observed and
  2. the relevant actors consider it to be law (opinio juris).

Related is the idea of prescription; a right enjoyed through long custom rather than positive law.

Read more about Custom (law):  Customary Law and Codification, International Law, Customary Law Within Contemporary Legal Systems, Custom in Torts, Custom Law in India, Customary Legal Systems

Famous quotes containing the word custom:

    The New Year is the season in which custom seems more particularly to authorize civil and harmless lies, under the name of compliments. People reciprocally profess wishes which they seldom form and concern which they seldom feel.
    Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)