Common law, which originated in England, is unenacted law, as opposed to statutes and ordinances.

The Court reiterates that, according to its case-law, the relevant national "law", which includes both statute and common law (see, inter alia, the Sunday Times v. the United Kingdom (no. 1) judgment of 26 April 1979, Series A no. 30, p.

Ius non scriptum" was the body of common laws that arose from customary practice and had become binding over time.

Although such an obligation may in special circumstances be inferred from unwritten law, no such special circumstances have been alleged by Gasus in this connection.

In conclusion, no section of the Code of Criminal Procedure nor any principle of unwritten law entitled a defendant who had been declared in default to have his defence conducted in his absence by counsel.

It can, however, never be held to implement an agreement that infringes a right, is in breach of a statutory duty or is in conflict with what is generally accepted according to unwritten law.