ISSN: 2222-6990
Open access
The role of custom in the formation of modern law is undeniable. The evolution of social relationships and structures, as well as the need for legal stability and predictability have diminished the importance of habit in ordering legal relations. The present study aims at analysing the role of custom in Romanian private law. The issue is particularly important, especially since the new Civil Code, which entered into force on October 1, 2011, mentions usage as a source of subsidiary civil law and subordinate to the law. Many authors considered this regulation to be an anachronistic one, a return to the past. However, through a careful analysis of the regulation contained in the Civil Code, it can be concluded that this was necessary from the point of view of uniformity in the application of international trade usages in the context of globalized trade. Thus, although custom has always played an extremely important role in public international law (e.g. diplomatic usages), there is a tendency to accept it as a distinct source of law in the legal relations of private law as well.
Alexandresco, D. (1926). Principiile dreptului civil (Principles of Civil Law): Encompassing the doctrine and jurisprudence up to date, as well as the best known, Romanian, French and German, etc. maxims, aphorisms, proverbs and legal rules, placed in the order of the civil code with their application in the various subjects of law. Volume 1, Atelierele Grafice "Socec & Co.", Bucure?ti, pp. 25-28.
Bederman, D. J. (2010). Custom as a Source of Law, Cambridge University Press, New York, p. 22.
Beleiu, G. (2005). Drept civil român (Romanian Civil Law). Introducere în dreptul civil (Introduction to Civil Law). Subiectele dreptului civil (The subjects of Civil Law), Editura Universul Juridic, Bucure?ti, pp. 44-45.
Beleiu, G. (1987). Drept civil (Civil Law). Teoria generala (General Theory).
Cernea E., Molcu? E. (1994). Istoria statului ?i dreptului românesc (History of Romanian State and Law), Casa de editura ?i de presa ?ansa, Bucure?ti.
Eminescu, Y. (1967). Tratat de drept civil (Civil Law Treatise). Partea Generala (General Part), vol. I, Ed. Academiei, Bucure?ti, p. 72.
Schiller, A.A. (1938). Custom in Classical Roman Law, 24 VLR 268, , 1938, p. 270-271.
Ungureanu, O., Munteanu, C. (2013). Drept civil (Civil Law). Partea generala (General Part), Ed. Universul Juridic, Bucure?ti, p. 52.
Vasilescu P., Diaconescu S., Reghini I. (2013). Introducere în dreptul civil (Introduction to Civil Law), Editura Hamangiu, Bucure?ti, pp. 14-16.
In-Text Citation: (Ungureanu, 2018)
To Cite this Article: Ungureanu, I. C. (2018). Usages - Source of Civil Law in the Regulation of the Romanian Civil Code. International Journal of Academic Research in Business and Social Sciences, 8(5), 988–996.
Copyright: © 2018 The Author(s)
Published by Human Resource Management Academic Research Society (www.hrmars.com)
This article is published under the Creative Commons Attribution (CC BY 4.0) license. Anyone may reproduce, distribute, translate and create derivative works of this article (for both commercial and non-commercial purposes), subject to full attribution to the original publication and authors. The full terms of this license may be seen at: http://creativecommons.org/licences/by/4.0/legalcode