Annotations, journal # № 6/2013

Robert Piszko. Role of custom in the formation of the directives of law interpretation

In every legal order, there are regulations referring to paralegal rules, which are often of an axiological nature. Although relatively few of these have been retained in Polish law compared to other legal orders of Western Europe, the changes in the axiological grounds of the Polish legal order have lead to a situation when the legislator of the Polish Republic appears interested in restoring the role of long-standing general clauses including the clauses of «good customs» and «principles of fairness», and introducing them to the texts of legal acts of primary importance. It may also mean restoring the role of references, basically lifeless, to «customs», which causes the need to consider the essence of such notions as «custom» and «mores» and the influence of their interpretation upon the application of law.

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