What Are Customs?

In civil law, I have heard that in some cases, customs can be applied to resolve issues. So, what are customs? And how are the application of customs regulated?

Based on Article 5 of the Civil Code 2015, regulations regarding customs and the application of customs are as follows:

Custom is a rule of conduct with clear content to determine the rights and obligations of individuals and legal entities in specific civil relations. Customs are formed and repeated many times over a long period, recognized, and widely applied in a region, area, ethnic group, community, or within a civil field.

In cases where parties have no agreement, and the law does not provide, customs can be applied. However, the applied customs must not be contrary to the basic principles of civil law as stipulated in Article 3 of this Code.

Thus, when the parties have no agreement and the law does not provide, customs can be applied. However, when applying customs, it must not be contrary to the basic principles of civil law.

Respectfully!

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