Civil law. A common part. Terms: concept, calculation and types (the most important)

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Civil law. A common part. Terms: concept, calculation and types (the most important)

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24. TERMS: CONCEPT, CALCULATION AND TYPES

Period - the moment or period of time at which the rights must be exercised and the assigned duties are to be fulfilled, with which civil law associates certain legal consequences. Deadlines by their nature belong to the category of facts that are called events, since the expiration of deadlines is of an objective nature.

The term can be determined calendar date or expiration of a period of time, which is calculated in years, months, weeks, days and hours, and the period can also be determined by indicating an event that must inevitably occur.

Term, defined by a period of time, begins the next day after the calendar date or occurrence of the event that determines its beginning.

Term, calculated in years, expires in the corresponding month and day of the last year of the term. The period defined as six months, calculated in quarters of the year, calculated in months, expires on the corresponding date of the last month of the term. A period defined as half a month is considered as a period calculated in days and is considered equal to fifteen days.

Term, counted in weeks, expires on the last day of the week of the term. If the last day of the term is a working day, the end of the term is considered to be the nearest working day. The period established for performing any action expires at twenty-four hours of the last day of the period. If this action must be performed in an organization, the expiration of the period occurs at the hour when the corresponding operations in this organization, according to established rules, cease.

Timing types:

1) by the subject of establishment:

a) court deadlines (established by the court);

b) legal terms (established by regulatory legal acts);

c) contractual terms (established by agreement, contract of the parties);

2) by the nature of certainty:

a) imperative (established by law and mandatory) and dispositive (can be changed by agreement of the parties);

b) absolutely certain, relatively certain, indefinite: the first indicate the exact moment of the action, the second are less accurate, but are associated with a specific period of time, and the third imply a certain time frame for the action, although none has been established;

c) general (established for everyone and determined by a specific period of time) and special (established as an exception to the general terms and act on the direct instructions of the law).

Term of exercising civil rights - this is the time during which the entitled person has the right (obligation) to independently perform any actions to exercise his subjective right or demand certain actions from the obligated person.

The terms for exercising civil rights are divided into:

1) terms of existence of a subjective right - duration of this right in time;

2) terms of termination of the subjective right establish a time frame for the exercise by the subject of his right. With the expiration of the period of termination of the subjective right, the subjective right is terminated, and it is impossible to exercise it.

Terms of protection of civil rights: statute of limitations, claim and warranty periods.

Author: Stepanova O.N.

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