THE LEGAL REGIME OF INTERNATIONAL COMMERCIAL USAGES IN ROMANIAN LAW

Abstract

As a result of practice, usages are placed, in international trade, on the border between temptation and

uncertainty. The temptation to resort to them is explained by the non-existence or, as the case may be, the

lacunae nature of the applicable international regulations, as well as by the inadequate nature of the national

regulations. The uncertainty is mainly determined by their unwritten character and, consequently, by the

evidential difficulties.

In this context, the objectives of the present scientific approach propose the outlining of their legal regime,

aiming, on the one hand, at their legal force, and, on the other hand, at identifying the means of overcoming

evidential obstacles. The first perspective evoked aims to identify the legal basis for the application of

customs, investigating in this sense the applicable legal system and the agreement of the parties. The second

perspective, starting from the premise of applying usages, aims to find that written support that would give

them predictability and certainty about the content.

The research is carried out starting from the provisions of the international conventions to which Romania

is a party and, as a subsidiary, the Romanian law possibly applicable to the legal relationship with the title

of lex causae.