Legal custom – source of law in the territory of Slovakia in the period of interwar Czechoslovak Republic

Abstract

The Article deals with the legal custom – source of private law – finding its application in the territory of Slovakia as former part of Hungary and as consequence of formation of the independent Czechoslovak State also in the territory of the Czechoslovak Republic, particularly its legal area of Slovakia. Examination of application and significance of legal custom the author decided to analyze decisions of the Supreme Court of the Czechoslovak Republic and with certain limitations findings of the Supreme Administration Court of the Czechoslovak Republic. The legal custom and consistent court practice (generally used terms for Curia Regis decisions) did not have its place within the Czechoslovak legal order and were unconstitutionally applied in order to avoid complete anarchy, particularly in the area of private law. On the other hand, efforts to introduce assumed Austrian law (ABGB) into the legal order valid in the territory of Slovakia, however with unconstitutional features, occurred often. The legal customs as sources
of the private law were valid in the territory of Slovakia to the January, 1st, 1951, when the first uniform Czechoslovak Civil Code Nos. 151 from 1950 Coll. of Laws came into effect.