Paper Title :The Local Custom as a Law

Author :Kritz Wongvisadethorn

Article Citation :Kritz Wongvisadethorn , (2017 ) " The Local Custom as a Law " , International Journal of Management and Applied Science (IJMAS) , pp. 80-83, Volume-3,Issue-8

Abstract : Thai Civil and Commercial Code, Section 4 allows the court to take. "Local custom" is used in judicial decisions as a legal norm. The problem is what kind of local customs thatThai legal system will be accepted as a law? This research has been carried out using the permissive theory (Gestatungstheories) and the statues interpretation theory.The preliminary results of this research show that local customs are the legal status in the Thai legal system. It is the same with customary law. According to studies, it has been found that local customary law is compound of 5 elements as follow; (1) It is a longstandingpractice. (2) People who behave themselves feel the need to do so and will be bad for themselves if they do not behave that way (opinio juris).(3) Local custom must not conflict with the provisions of applicable law in the country. It must not be against the public order and good morals of the people. (4) Local custom is a fact-creating law, so whoever claims its existence must has a burden of proof and (5) The court accepts enforcement as a law applicable to the case. Keywords: Local Custom, Customary Law, Juristic Method, Law Interpretation.

Type : Research paper

Published : Volume-3,Issue-8

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