Abstract
Research background
This article analyses the legal framework of commercial usage, as well as its use in commercial transactions directly or as a tool for interpreting legal norms and contractual terms. Commercial usages play a vital role in the unification of private law; this unification is high priority. The harmonization of international private law, especially trade law (commercial law), is an objective of many international organizations of global importance. Thus, having established that commercial usages exist as the relevant legal framework, the correct use of this legal framework should be the current focus of legal and related research.
Purpose of the article
The purpose of this article is to provide a comprehensive analysis of the application of commercial usages by evaluating current effective legal documents and current legal practice, especially in Latvian court` judgments to formulate an opinion on the application of commercial usages in Latvia. The research highlights the necessity for broader utilization of commercial usages to advance commercial law development and facilitate the international unification of legal regulations for commercial transactions. This, in turn, would contribute to enhancing cross-border legal predictability and enforcement.
Methods
The research is based on logical-analytical and descriptive scientific methods, incorporating historical and systemic approaches, as well as generalization of professional experience. The basis of the study is the analysis of various resources and legal acts, as well as observations.
Techniques for interpreting legal norms are based on grammatical, historical, systemic, and teleological methods.
Findings & Value added
This research underscores the significance of integrating commercial usages into legal frameworks to improve legal certainty in commercial transactions. It also offers recommendations for refining the definition of commercial usages in Latvian law to ensure consistency and foster unification with international standards.