Правовой обычай как источник семейного права

Семейное и жилищное право. 2016. № 1. С. 17–20.

Panarina M.

Like any legal system, the area is nounwritten laws remained unchanged and evolved under the influence of the conditions of social development. At the same time, the customary law has been much resistance because of the predominance of its sources are not formal dogmatic and practical factors of natural and moral and ethical, spiritual and religious phenomena of the national consciousness. Adherence to customary law defined communal way of life and traditions of agrarian labor, social structure and identity of rural mentality. In practice, the national rights embodied idea of the rule of law, finds its expression in how to organize family life form. Currently, there is a gradual departure from the ethnic and cultural values and the loss of national roots under the influence of globalization and unification of the law according to Western standards according to the Roman-Germanic legal system. This trend, unfortunately, does not give the desired impact of the modern Russian legislation. Improve the efficiency of the domestic legal system, to some extent can the revival of customary law, as well as a return to the origins of the legal heritage in the regulation of marriage and family relations, which will help identify ways to reform the legal system to achieve legal compliance by citizens and, in the end, form the legal culture of the Russian nation.

Keywords: семейное право, правовой обычай