Custom law merchant
1 / 8

Custom & Law Merchant - PowerPoint PPT Presentation

  • Updated On :

Custom & Law Merchant. Plan . Introduction Custom Law merchant Why a law merchant? Conclusion. Custom . Definition : The custom is one the sources of law. It is not a written rule but its existence is due to the union of 2 elements: 1) The repetition of acts

I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
Download Presentation

PowerPoint Slideshow about 'Custom & Law Merchant' - cordell

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.

- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
Custom law merchant l.jpg

Custom & Law Merchant

Slide2 l.jpg


  • Custom

  • Law merchant

  • Why a law merchant?


Custom l.jpg

  • Definition :The custom is one the sources of law. It is not a written rule but its existence is due to the union of 2 elements:

    1) The repetition of acts

    2) The legal or psychological element which is composed by 3 aspects:

    - The « opinion juris »

    - The « opinion necesitatis »

    - The «  estimacio communis »

    This defintion is valid as well in french law as in internationa law

  • The custom in international law

    - Custom is a fondamental source of international law.

    - According to the article 38 of the charter of the United Nations: in

    case of dispute, the court can apply «  the international customs as

    proof of a general practice which is accepted as being law »

Custom4 l.jpg

  • The custom cerficate:

    The « custom certificate » is an attestation of a foreign lawyer

    concerning the existence, the contents and the interpretation

    of a foreign law.

    Why a « custom certificate »?

  • In case of dispute between foreign persons who are oversea

    Who deliver this « custom certificate »?

  • The consulate of the country of origin

    Exemple with two japaneses traders

Law merchant l.jpg
Law merchant

  • Definition:

    The Law Merchant was originally a body of rules and principles

    laid down by merchants themselves to regulate their dealings.

    It consisted of usages and customs common to merchants and


  • Origins of Law merchant

  • International Chamber of Commerce

  • International arbitrators

Law merchant6 l.jpg
Law merchant

  • Content of Law merchant

    Characteristics of rules:

    It is not really rule of law

  • Content could : modified and adapted by the parts under the terms of their contractual will.

  • The commercial activity released, among the rules of Law merchant, three grounds privileged:

  • Incoterms

  • Credit on security

  • Institutions and rules of arbitrations

Why a law merchant l.jpg
Why a law merchant?

  • When apply the law merchant?

  • When traders have mentioned the will to apply it on the contract

  • When the the law previous in the contract is not enough adapted

  • Why apply the law merchant?

  • The Law merchant is more adapted to international trade

  • The need for quick and effective justice

  • The Law merchant is more pragmatic and less doctrinal

  • Some objections to law merchant

  • Law merchant it is not enough precise to be considered as a real law.

  • The law merchant do not from of a State but from customs

Conclusion l.jpg

  • To sum up:

    - Custom and Law merchant are linked.

    - Law merchant includes all international merchant customs BUT customs are valid in french and international law WHEREAS law merchant is practised only in international trades

    - The main fonction is to be a system of law which is added to law of states and the international law, we can say that is a “third law” according to M. VIRALLY.