CUSTOMER LAW

Value and Legal Force of Custom as a Source of Law in the Mozambican Legal-Constitutional Order

Abstract

The present study has as its object of scientific discussion Customary Law, Value and the Legal Force of Custom as a Source of Law in the Mozambican Legal-Constitutional Order. However, custom must be the legislator's inspiring source, a supplementary source given the gaps in law and source of interpretation of the law. Thus, by accepting the infraconstitutional relevance of custom, necessarily presupposed by the same relevance of customary law at the level of the logical Constitution, in terms of its admissibility as a source of Law, then further adding this possibility within the constitutional law itself. In the study, it forms a bridge with customary law in Portuguese-speaking countries with a particular focus on Angola, Guinea-Bissau, Brazil and Portugal, legal orders that share the same legal-linguistic trait at the level of Portuguese-speaking countries.