Practice question · True or false
In Spain a proved custom applies even where a statute governs the same matter.
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- Article 1.3 attaches a condition about the absence of something.
- Custom governs only in the absence of an applicable statute.
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False
Why
False. Article 1.3 CC allows custom to govern only in the absence of an applicable statute, and only if it is not contrary to morality or public order and is proved by the party invoking it. Spanish custom is therefore secundum or praeter legem; a custom against a statute has no legal force.
Practise Sources of Law and the Legal Order
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