Observance (law)
A locally limited customary law (tradition) is called observance . It is a "law that has not arisen through formal establishment, but through longer actual practice, which must be permanent and constant, uniform and general and which is recognized by the legal partners involved as a binding legal norm."
The judge does not need to know this right, but he is obliged to determine it ex officio , § 293 ZPO .
It is controversial whether derived customary law, which has arisen by virtue of authorization, such as the local observance , is subject to review in the standards control procedure according to § 47 VwGO .
literature
- Rolf Petersen: The Observance. Leipzig 1948, (Leipzig, University, legal dissertation of March 20, 1948, typescript).
- Richard Pawelitzki: The importance of observance in the Prussian right of way. Neumann, Gleiwitz 1933, (Breslau, University, dissertation, 1933).
Web links
- Search for observance in the SPK digital portal of the Prussian Cultural Heritage Foundation
- limited preview in Google Book search
Individual evidence
- ↑ BVerfG, decision of June 28, 1967 (2 BvR 143/61)
