Business custom

The custom of business turnover carries a very subtle legal characteristic. Quite often, this term can be found in accounting legal documents. However, in practice, the custom of business circulation is not enshrined either in contracts or in legislative documents.

During the trial, the judge can make decisions based on the custom business practice adopted in a particular field of activity. Sometimes, if it is applicable in one segment of activity, it is unacceptable for another due to the specific nature of the enterprise.

The custom of business turnover is a custom that is adhered to in one form or another of entrepreneurship. It takes the form of compulsory behavior, or as it is also called "business habit." At its core, it is an established practice, ethics, or order of things.

An example of a business habit can be weekly meetings on Mondays at manufacturing enterprises, conducting debriefing at airlines, the behavior of workers in Japanese factories (there the head of the department always sits on a hill to see all the employees of his subordinate sector). In Russia, on the contrary, the chief tries to sit in a separate office, and even behind the double doors. Here and there in Japan, it is customary to relieve tension by looking at sakura.

Sometimes business habits are fixed in writing. So, in educational institutions, the rules of conduct stipulate that a student or student should greet the teacher standing. The customs of business circulation have so firmly entered our lives, examples of which we do not even notice, just as we do not notice the air that we breathe every second.

Also, such a custom is not fixed anywhere: a senior official from the ministry inspects the workshops of the enterprise, and he is necessarily accompanied by a β€œretinue”. The suite consists of heads of various services who are ready to give explanations on emerging issues or to take note of the comments of a senior official for further study.

Often, business customs are applied in trading practice. The contract may not indicate in writing a business habit, but it implies a generally accepted custom that has developed over the years. When applying the turnover, it is no longer practice to refer to a particular article of the law when drafting the contract, however, in the case of a trial of the parties, the court may accept the business turnover as the basis for the sentencing (as was said at the beginning of the article).

In educational institutions, a council of students and teachers may be fined for violating business forms acceptable to all the rules of educational institutions. In these cases, it does not even matter if the violation is recorded in writing in legal documents and legislative acts.

Often during the preparation of the contract, the parties to the parties specifically stipulate the non-use or application of business turnover in their relations. Such contracts are consistent with the civil principles of free contracts.

A custom is considered universally recognized if it is used in this area quite widely, it has developed on the basis of experience and many years of practice, and if it is provided for in certain types of entrepreneurial activity.

The Chamber of Commerce and Industry is currently publishing rules based on business customs.

However, with the practice of business turnover in practice very often problems arise, especially if the turnover is not documented. If the customs are fixed in writing, they rightfully become β€œlegal”. Currently, in order to avoid conflict situations, managers are increasingly writing business practices in the contract.

Source: https://habr.com/ru/post/A4037/


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