Business Law Deneme Sınavı Sorusu #956557

Which of the following alternatives is true regarding customary law?


For a custom to have legal validity, the members of the society should believe consciously or unconsciously in the rightness of the custom.

For a custom to have legal validity and to be considered as a part of the customary law, a custom must not have existed for a period of time longer than 50 years.

Customary law can not be used in commercial cases.

For a custom to have legal validity, it shall also be applicable to criminal cases.

If a custom has been present long enough, it shall be considered as a part of the customary law even if it is not given the sanction of state authority.


Yanıt Açıklaması:

For a custom to have legal validity and to be considered as a part of the customary law, certain requirements must be fulfilled.First of all, a custom must exist for a long period of time; it should have the characteristic of antiquity. Secondly, the custom should have the characteristic of continuity; it must be continuously observed. Thirdly, the members of the society should believe consciously or unconsciously in the rightness of the custom. Fourthly, a custom may not be applied if it is in conflict with the written laws. Lastly, there is a need for a state sanction. Until a court applies a custom and gives it the sanction of state authority, it shall not be considered as a part of the customary law.

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