Implementing of customs for regulation of family and legal relations

Abstract

The paper is dedicated to issues on influence of legal customs on the regulation of family law relations. There is stressed, that the customs are one of the significant tools of Family Law. Actually, a custom as a source of Family Law plays a subsidiary role in relation to Family Legislation. In Ukraine, significance of a legal custom as a source of law is due to the peculiarities of legal life and legal awareness of Ukrainian society that are determined by combination of some sides of spiritual culture. Historical essay on customs regulation of engagement demonstrates expanded implementing of customs and its potential impact on social relations. However, implementing of customs for regulation of family and legal relations is a natural attribute of national legal awareness, basis of forming of which is hidden in historical layers of culture and memory of the people. There is suggested to supplement the provisions of Art. 11 of Family Code of Ukraine with the link to the ability to use not only “local custom, and custom of national minority, members of which one of the sides or both sides are”, but “national (folk) customs”. Particular perspective orders for future research of implementing of customs as a source of family Law of Ukraine are indicated. Particularly, the issues of forming of current customs as regulators of family and legal relations, the ratio of legal customs as manifestations of “official” law and customs as “non-normative rules” (national customs, customs of national minorities, local customs) and the prevalence in court practice of customs or the use of references to their content to assess various circumstances of the case (for example, the use of customs and their observance in the context of assessing proper upbringing or misconduct in marriage) are indicated.