قواعد العرف في ضوء القانون المدني

الملخص EN

This research aims to shed light on the issue of the role of custom in the light of civil law; The study concluded: The custom plays a major role in the field of private law.

The custom often governs some legal issues in the absence of the text, in order to detail some of the issues that require its application.

The study examined the advantages of custom and explained that it is one of the advantages of custom that it corresponds to the needs of society, and that it is derived from the community, as well as fill the lack of legislation.

The study also examines the elements of custom, which consist of two elements, one physical and the other moral.

The research also shed light on the binding force of custom, where he explained that it is the tacit will of the legislator, as well as stemming from the obligation of the group, and judgments as well, and finally from the opinions of scholars.

The research reached several conclusions and concluded with a number of recommendations that may be identified in this area.