Business customs
- A rule of conduct, not provided
legislation or the contract, but the prevailing and quite specific. It does not matter whether such a rule in any document recorded.
However, written confirmation may be customary conditions published a model contract. The party has the right to prove the existence of the custom and, on the contrary, its absence, using any admissible evidence right.
OD OA is one of the sources of legal norms of civil and commercial law, is widely used in business and is not applicable if contrary to the law or contract, binding on participants.
The main features of OD O .:
1) layer of living, stable and sufficiently specific in its content;
2) widely used; 3) is not provided for by the legislation rule of conduct;
4) is used in a business area.
The court or other enforcement authority obliged at detection in the legal or other normative act a space that is not compensated for by the contract, to apply OD O. Its legal significance lies in the fact that he is after the priority application of regulations and contracts.
Based on the usual entry requirements can be folded customs, but such escalation must be recognized and their practical application have been confirmed in the presence of signs of custom.
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