Civil law. Parts I, III and IV. Concept and types of deadlines (the most important)

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Civil law. Parts I, III and IV. Concept and types of deadlines (the most important)

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26. CONCEPT AND TYPES OF TERMS

Period - a kind of legal facts (event), a certain moment or period of time, with the onset or expiration of which the legislation connects the emergence, change or termination of civil legal relations, with the expiration of which legal consequences occur. The term can be determined by a calendar date, the expiration of a period of time, an indication of an event that must inevitably occur.

Terms calculation rules:

▪ terms can be calculated in minutes, hours, days, weeks, months, years;

▪ the period begins the next day after the calendar date or event with which its beginning is associated;

▪ rules for determining the end of a period depend on the unit by which the period is measured:

▪ the period, calculated in days, expires at 24.00 of the last day of the period (if an urgent action is performed in the organization - at the moment of termination of the relevant operations);

▪ a period calculated in weeks expires on the corresponding day of the last week of the term;

▪ the period calculated in half a month expires on the fifteenth day from the beginning of the calculation;

▪ a period calculated in months expires on the corresponding date of the last month of the period, and in its absence - on the last day of this month;

▪ the period calculated in quarters expires in the same way as months, counting a quarter as 3 months (quarters are counted from the beginning of the year);

▪ a period calculated in years expires on the corresponding date and month of the last year of the term. If the last day of the term is a non-working day, the end of the term is considered to be the nearest next working day.

Types of terms varied, they are classified according to the following criteria:

▪ according to the subject of establishment, the terms differ as legal, contractual, judicial;

▪ according to legal consequences, terms are divided into law-forming, law-changing and law-terminating;

▪ according to the degree of obligation for the parties to a civil legal relationship, terms are divided into imperative (unchangeable) and positive (changeable);

▪ according to the degree of distribution, terms are divided into general and special;

▪ according to the degree of certainty, terms are divided into absolutely certain, relatively certain and uncertain;

▪ according to the purpose, the terms are divided into terms for the exercise of civil rights, terms for the performance of duties and terms for the protection of civil rights;

▪ the periods for the exercise of civil rights are divided into the periods of existence of civil rights, pretrial periods, claim periods, warranty periods, expiration dates, service periods, periods for the sale of goods, periods for storing goods;

▪ deadlines for fulfilling duties are divided into general and intermediate.

Terms of protection of civil rights - the terms established by law for the requirement from the competent authorities to enforce the violated right of the subject.

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