Define: Customary Practice

Customary Practice
Customary Practice
Full Definition Of Customary Practice

A customary practice refers to a long-standing tradition or behaviour that is widely accepted and followed within a particular community or group. It is not legally binding but may be considered evidence in legal proceedings to establish a standard of behaviour or expectation. The output of a customary practice is the collective behaviour or action that is derived from the customary practice.

Customary Practice FAQ'S

Customary practice refers to a traditional way of doing things that has been accepted and followed by a particular community or group of people.

Yes, customary practice is recognized by law in many countries, especially in areas where there are indigenous communities.

No, customary practice cannot override written law. However, in some cases, customary practice may be taken into account when interpreting and applying written law.

If customary practice conflicts with written law, written law will prevail. However, efforts may be made to reconcile the two in a way that respects both.

Yes, customary practice can be changed or modified over time, especially as societal norms and values evolve.

authority to enforce customary practice?

The authority to enforce customary practices varies depending on the community or group of people that follow them. In some cases, traditional leaders or elders may have the authority to enforce customary practices.

The consequences of violating customary practice vary depending on the community or group of people that follows it. In some cases, the violator may be subject to social sanctions or exclusion from the community.

Yes, in some cases, customary practice may be protected under intellectual property law, especially if it involves traditional knowledge or cultural expressions.

Efforts to preserve and promote customary practice may include education and awareness-raising, community engagement and participation, and legal recognition and protection.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 12th April 2024.

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