Sedvanerett

Sedvanerett is a concept in Norwegian law that refers to rights or obligations arising from long‑standing and generally accepted customs, rather than from statutes or formal legislation. The term is comparable to the English notion of customary law and is recognised as a source of legal rules in the Norwegian legal system, albeit with a more limited scope than statutory law.

The development of sedvanerett originates from medieval Scandinavian legal tradition, where local practices often filled gaps left by written law. Over time, certain customs became sufficiently stable and widespread to be regarded as legally binding. In contemporary Norway, the recognition of sedvanerett is governed by the principle that a custom must be certain, continuous, and accepted as law (lex usus) by the relevant community. Courts may invoke sedvanerett when interpreting statutes, resolving disputes, or filling legislative vacuums, provided that the custom does not conflict with higher legal norms such as the Constitution or legislation.

Typical areas where sedvanerett appears include property rights, maritime practices, and certain aspects of commercial dealings, especially in sectors with longstanding regional traditions. For a custom to acquire legal force, it generally must have existed for several decades, be uniformly observed, and be regarded by the participants as legally obligatory rather than merely habitual.

While sedvanerett can play a role in judicial reasoning, its application is relatively rare and subject to strict evidential standards. Scholars note that the concept underscores the flexibility of Norwegian law, allowing it to adapt to societal changes by acknowledging enduring communal practices without the need for formal legislative action.