Analysis of Approaches for the Identification and Application of Commercial Customs in Civil Adjudication

Abstract

In modern commercial practice, commercial customs, as autonomous norms derived from transactional practices, play a significant role in maintaining transactional efficiency and security. However, in civil adjudication dominated by statutory law, the accurate identification and appropriate application of commercial customs still face challenges such as ambiguous theoretical definitions, inconsistent identification criteria, and unclear application logic. This paper, based on the fundamental theoretical definition of commercial customs, clarifies their legal connotation, characteristics, and status as a source of law. It then systematically constructs an identification mechanism for commercial customs in civil adjudication, including identification criteria, review requirements, burden of proof, and conflict resolution approaches. On this basis, the paper explores the dimensions of applying commercial customs, analyzing their application principles, hierarchy of validity, methods of harmonization with legal provisions, and requirements for judicial reasoning. Finally, it proposes pathways to improve the system for identifying and applying commercial customs, focusing on theoretical framework construction, integration of procedural norms, and coordination with general civil norms. This study aims to provide a systematic approach for the standardized operation of commercial customs in civil adjudication, fostering an organic integration of legal stability and commercial autonomy.