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NEW SOURCES OF LAW IN THE NEW CIVIL CODE – USAGES (CUSTOMS AND PROFESSIONAL CUSTOMS)

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Author(s): Emilian CIONGARU

Journal: Annals of Constantin Brancusi University of Targu-Jiu : Juridical Science Series
ISSN 1844-7015

Issue: 1;
Start page: 57;
Date: 2013;
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Keywords: legal rules | usages | public order | sources of civil law | legal regime.

ABSTRACT
There are juridical situations are outside the scope of regulation of legal norms and they are stipulated by the New civil Code, namely the usages: which are defined, in the broad sense, as rules of conduct for a long time, born of social practice. In the broad sense, concept of law, is represented by totality of acts that are elaborated by competent state authorities and their purpose is legislating. If the law sanctioned any usage, by a rule of reference, giving them, as such obligatory legal power, they are sources of law and the legislator has provided, as is source of civil law, only usages which are in conformity to public order and morality. This problem there was no in the case of legal rules because, they themselves are created with the purpose of to generate the public order and morality. In the situations not covered by law, the usages have a greater force than that of the legal dispositions regarding similar situations so, the broad interpretation of the rules of civil law is make, in the cases which are not covered by the law, only if a such interpretation does not contrary usages.An analysis and understanding of the juridical status of usages representing: the customs and the local habits wich is accepted by the members of that community as well as the professional uses, as rules of development of professional activities, may result in to perceive the legal force of their but also to reduce, on as much as possible, some potentials confusions of interpretation and application of the law.
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