Custom is a form of behavior that has been established in society and is followed in a public, general, and repeated manner. It is a practice that people accept as a rule that everyone must comply with, even if it is not written in the law. In this way, commercial custom arises, which are the practices and usages that merchants follow in their businesses.
Commercial custom is important because it acts as a source of law, that is, a way in which rules are created and applied that everyone must follow, especially in commerce. In Colombia, commercial custom is recognized as part of the legal system and helps our legal system evolve and adapt to the new realities of society, sometimes more quickly and effectively than written laws.
In light of the foregoing, Article 3 of the Commercial Code establishes in its literal text that “Commercial Custom shall have the same authority as commercial law, provided that it is not manifestly contrary to the Law and that the acts constituting it are uniform, public, and reiterated in the place where the obligations are to be performed or the relationships that are the subject of regulation have arisen.”
For a commercial custom to be applicable, it must meet certain requirements:
- Reiteration and uniformity: The practice must be constant and widespread among merchants.
- Duration: The custom must have been practiced for a considerable period of time.
- General acceptance: It must be accepted by the majority of merchants as mandatory.
Now, the investigation of a commercial custom may be initiated by the Chamber of Commerce or at the request of any interested party. The study process begins with the evaluation of the legal viability of the custom. In the next phase, information needs are identified and data are collected from the economic groups or sectors that practice it. Data collection is carried out through surveys applied to a representative sample of the population or to the entire population, with the aim of verifying whether the practice meets the requirements necessary for its certification.
Thus, commercial custom, although not always visible or formally regulated, plays a crucial role in the functioning of commerce and business relations. As a living expression of the practices and behaviors accepted in the commercial sphere, it offers flexibility and adaptability in a constantly changing environment. Recognizing and understanding these customs not only strengthens legal certainty, but also facilitates transactions and reduces conflicts. Thus, commercial custom stands as an indispensable complement to formal legislation, consolidating itself as a fundamental pillar in the economy and business culture.