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.)
Found an error? Suggest a correction →