Professional paper
CUSTOMS AS SOURCES OF COMMERCIAL LAW
Tea Hasić
; University of Juraj Dobrila in Pula, Faculty of Economics and Tourism „Dr. Mijo Mirković“
Abstract
The purpose of the paper is to place trade usages on hierarhical scale of Commercial Law legal sources in Croatia. As an introduction, the author highlights conditions to be met in order to apply a trade usage as a source of law and emphasizes the difference in relation to customs that may be applied in civil relations as a source of law. In the central part of the paper, the author compares the so-called subjective and objective concept of custom application and analyzes legislative solutions provided by The „New“ Croatian Law on Obligations (applicable since January 1st 2006) and The Former yugoslav Law on Obligations (adopted in Croatian legal system since 1991). It is concluded that the „new“ legislation, which provides application of trade usages (primarily) on so-called objective concept, corresponds to solutions provided by international legal sources (such as CISG) and contemporary national legal systems. In addition to „New“ Law on Obligations, several solutions de lege ferenda are proposed, in order to eliminate few uncertainities that still exist. As a conclusion, the hierarchical scale of Commercial Law legal sources is presented, supplemented by an explanation why a certain source of law (heteronomous or autonomous) is placed “above” or “below” trade usages.
Keywords
autonomous legal sources; commercial law; trade usages; customs
Hrčak ID:
134256
URI
Publication date:
30.12.2014.
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