Genesis of non-codified customs

  • Atefeh Roohi Kargar Islamic Azad University (Kermanshah, Iran)
  • Rasoul Parvin Islamic Azad University (Kermanshah, Iran)
DOI: https://doi.org/10.31207/ih.v6i0.174
Keywords: Norm, Customary, Rights, Non-Codified Law, International trade

Abstract

The study of what is called “customary law” and “non-written rules” is always faced with ambiguity due to the lack of written resources. The reason for emphasizing the role of custom and applying the words on their customary meanings was to re-focus on this rich source of rights, which is far from sights. By reviewing the Articles, books and documentary data, we tried to look again at the status of unwritten conventions, legal rules and legal principles that could be interpreted as legal norms. If written or assigned to a bunch or a material to them, along with other laws they can be a good complement. This paper intends to review the role of custom and habit in concluding contracts by reviewing past comparative law studies and helping out the role of custom and unwritten rights. Besides, it intends to unify the material of Arts. 220, 225 and other Arts. of civil law of the parties to the awareness of the custom, because ignorance of the customary is not like ignorance of the law.

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Author Biographies

Atefeh Roohi Kargar, Islamic Azad University (Kermanshah, Iran)

Master of Department Private Law, Kermanshah Branch of Islamic Azad University (Kermanshah, Iran)

Rasoul Parvin, Islamic Azad University (Kermanshah, Iran)

Ph.D. in Department of Private Law, Assistant Professor of Islamic Azad University, Kermanshah Branch (Kermanshah, Iran).

References

Feyz, A. R. (1995). Islamic jurisprudence, 7th ed. Tehran: Tehran University Press.

Habibi, M. (2010). Interpretation of International Business Contracts. Tehran: Mizan.

Skjærset, J. B., Stokke, O. & Wettestad, J. (2006). Soft Law, Hard Law and Effective Implementation of International Environmental norms. Global Environmental Politics, 6, 3, pp. 104-120.

Katozian, N. (2008). Introduction to the Law of Science, 63rd ed. Teheran: Public Joint Stock Company.

Katozian, Nasser. (1998). Philosophy of Law, II. Tehran: Public Joint Stock Company.

Mohammadi, A. (2010). The Basics of Inference of Islamic Law or Principles of Law, 37th ed. Tehran: Tehran University Press.

Mohebbinejad, A. (2011). The role of custom in interpreting international contracts. Teheran: Iran’s Science and Technology Research Center (at www.irandoc.ac.ir retrieved 12-XII-2017).

Nouri, M. A. (1999). Principles of International Business Contracts. Tehran: Ganj Danesh.

Oal, L. (1985). Transnational Law in International Commercial Arbitration (translated by M. Mohebi). Light (at http://www.noormags.ir retrieved 12-XII-2017).

Oloomi Yazdi, H.R. & Babazadeh, B. (2010). Methods of interpreting contracts in the legal system of Iran and Britain. Journal title: Journal of Law and Politics, 12, 29 (at http://www.sid.ir/Fa/Journal/JournalList.aspx?ID=1719 retrieved 12-XII-2017).

Qafi, H. & Shariati Farani, S. (2014). Applied jurisprudential principles, 1, Speeches-4. Oom: Publication of the field and university.

René, D. (1996). Contemporary Legal Systems, 3th ed. (translated by: H. Safa’i, M. Assyria, E. Iraqi).

Roy M., G. (2007). Practice and Adoption in Transnational Business Law (translated by H.R. Oloomi Yazdi). International Center for Legal Affairs,
Deputy Legal and Presidential Affairs. Light, 36 (at http://www.noormags.ir retrieved 12-XII-2017)

Shahidi, M. (2004). Principles of Contracts and Commitments, II, 3th ed. Tehran: Majd Publications.

Sultan Ahmadi, J. (2010). Effect of the Convention on Contract Interpretation. Tehran: Forest Publishing.

World Intellectual Property Organization (WIPO) (2004). Customary law, traditional knowledge and intellectual property: an outline of issues. (at http://www.wipo.int/export/sites/www/tk/en/resources/pdf/overview_customary_law.pdf retrieved 12-XII-2017).
Published
2017-12-28
How to Cite
Roohi Kargar, A., & Parvin, R. (2017). Genesis of non-codified customs. Ius Humani. Law Journal, 6, 231-251. https://doi.org/10.31207/ih.v6i0.174
Issue
Vol 6 (2017)
Section
Papers

Copyright (c) 2018 Atefeh Roohi Kargar

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