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NeCede's

Maxim 1.3.6

Custom is observed as law.

Consuetudo pro lege servatur.

Source: Co. Litt. 113; 4 Co. 21 Difficulty 2/5 — Approachable

Explanation

Courts are bound to recognize and enforce customs that meet the requirements of certainty, reasonableness, and long use.

Where this applies

  • A court refuses to recognize a well-established custom.
  • A party ignores a longstanding local practice and claims it has no legal force.

Legal domains

See also

Cite this maxim

NeCede Max. 1.3.6 — Custom is observed as law. — Co. Litt. 113; 4 Co. 21 (Consuetudo pro lege servatur.)

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