Trofimov Ya.V., Krasnov S.Yu. Legislative determination of the custom does not allow to consider it to be the source of the civil law in Russia (stating the issue)
Candidate of Juridical Sciences, Associate Professor, Department of Civil and Arbitration Proceeding, Volgograd State University
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Candidate of Juridical Sciences, Associate Professor, Department of Civil and Arbitration Proceeding, Volgograd State University
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Abstract. The article deals with the research issue of the determination of the custom as the source of the civil law. The authors raise for scientific debate questions, connected with determination of the nature, characteristic features and contents of customs, the necessity of implementing not only classification, but also systematization of customs and custom of a business intercourse, contributing the essential change and additions in the current civil procedure and arbitration procedure legislation, as well as in the spectrum of the special federal laws, which mention customs of a business intercourse, customs and traditions.
Key words: customary law, custom, custom of a business intercourse, civil procedure legislation, arbitration procedure legislation, source of civil law.
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