Szokásjogi

Szokásjogi, often translated as customary law, refers to the unwritten rules and principles that have evolved from the consistent and widespread practice of a community over a long period. These practices are accepted as binding and obligatory, carrying the weight of law. Unlike codified or statutory law, which is formally enacted by legislative bodies, szokásjogi arises organically from the customs and traditions of a society.

For szokásjogi to be recognized as law, two key elements are generally required. Firstly, there must be objective practice, meaning a consistent and uniform behavior by members of the community. Secondly, there must be subjective belief, the conviction that this practice is legally obligatory or required by law (opinio juris sive necessitatis). This distinguishes mere habit or tradition from legal custom.

Historically, szokásjogi played a foundational role in many legal systems before the widespread development of written laws. It was particularly important in areas like property rights, inheritance, and dispute resolution in pre-modern societies. Even in contemporary legal systems, elements of customary law can still be found, influencing specific legal doctrines or being recognized in certain contexts, especially in areas not fully covered by written legislation or in international law concerning the practices of states. The evolution and recognition of szokásjogi are dynamic, adapting to societal changes while retaining its historical roots.