Under the term should be understood a certain period or point in time. This is a fact of legal nature or an element of legal composition, with the occurrence or termination of which it would be advisable to link the onset, change or expiration of civil duties and rights. This article discusses in detail the terms in civil law (concept, calculation procedure and current problems).
Term concept
First, a definition of the central figure of the article should be presented. The concept and calculation of terms in civil law are categories that are closely related. The fact is that today, civil relations develop over time. The latter, in turn, often has a serious impact on the course of a given situation. This is of paramount importance for the named legal category, because its very existence is limited in time, for example, by calculating the statute of limitations in civil law. As a rule, a period (its occurrence or expiration) is interpreted as a legal fact, that is, an event, since the course of time is objective and does not depend on human will.
Nevertheless, the establishment and further determination of the duration of the terms endowed with a strong-willed origin. Why? The fact is that today the terms in civil law (the concept, types, calculus we consider in our material) are established by applicable laws or acts of a by-law nature, court decisions and transactions. The information provided is regulated by Part 1 of Art. 190 relevant in the territory of the Russian Federation Civil Code. You need to know that some types of terms can stop or recover, which also implies their strong-willed orientation. That is why most terms are endowed with a dual nature: being strong-willed in accordance with their origin, they relate to the objective process of the passage of time. So, by virtue of the information given, the terms in civil law (calculus, their types are considered in subsequent chapters) are a special category of facts of legal significance. In other words, they cannot be attributed only to actions or exclusively to events.
Timing calculation
In this chapter, it would be appropriate to study the characterizing concept and types of terms in civil law calculus. It is important to note that the time limits established by the periods (periods) of time are calculated in accordance with the rules defined by the current law. According to Art. 191 of the Civil Code, they set the starting point for their course on the day after the calendar date or event has arrived, which determines their beginning. For example, the shipment of marketable products in accordance with the supply contract, which was concluded on August 15, one way or another, should be carried out within ten calendar days from the date of its conclusion. So, the shipment period began on August 16. That is why the last day, which is considered acceptable, will be August 25th. Consequently, the day (moment) by which the beginning of calculating the period in civil law is established does not need to be counted in its duration. It is obvious that the said rule was introduced for some simplification in terms of calculating time relative to the course of the term. Otherwise, it would have to be considered the end on August 24. By the way, it would be advisable to include the situation considered among the problems of calculating terms in civil law that are relevant today.
It should be noted that the term, which is calculated in years, expires only in the last year of the term in the same month by name and on the same day in accordance with the day by which its starting point is determined. For example, a period of three years will expire on August 1, 2004, if the time starts on August 1, 2001. Further, it would be appropriate to submit the calculation of the monthly period in civil law. It is important to know that a period that is calculated in months will end on its final month on the same day by date. There are no other options here and cannot be. In this case, the following situation can serve as an example of calculating a term in civil law: a period of three months will expire on August 30, rather than August 31, if its course began on May 30. The information provided is regulated by Art. 192 GC operating in Russia.
The aforementioned rule should also be applied with respect to the deadlines established in half a year or those calculated in quarters. The fact is that the quarter must be recognized equal to 3 calendar months, and they should be counted from the beginning of the year, that is, the starting point of the first quarter is January 1, the second - April 1, and so on. If the month, according to which the end of the term is obvious, is not endowed with the corresponding date, the period shall be considered to have expired on the final day of this month. The above information is regulated by the third paragraph of paragraph 3 of Art. 192 of the current Civil Code. For example, the one-month period that began on May 31 should expire on June 30.
How else can deadlines be calculated?
Further, it would be advisable to consider the procedure for calculating the terms in the civil law of the Republic of Belarus for weeks. The term, which is calculated weekly, ends on the corresponding day of the final week in accordance with paragraph 4 of Art. 192 of the current Civil Code. It is important to note that the law provides for an exception when the end of the period falls on a day off (in other words, a day off). Under such circumstances, the day of expiration of Art. 193 of the Civil Code is the nearest business day. It must be added that the rule presented does not apply to the beginning of the term. In addition, days off when calculating the total duration to exclude impractical.
By the way, today the procedure for the implementation of actions on the final day of the term in accordance with Art. 194 Civil Code. So, calculating the term in days in civil law suggests that some operation to be completed can be performed on the last day of the term up to 24 hours.
First of all, the aforementioned provision applies to legal entities and individuals whose working hours are not limited in time. When an action refers to a limited-operation association, the period expires in an hour when such operations are terminated in the structure in accordance with established rules. For example, a certain number of banking operations is carried out by a banking institution only until 14:00, although the bank itself ceases to operate only at 18:00. These circumstances suggest that the execution, which relates to these banking operations, can be realized only until 14:00, and the other - until 18:00. It is important to note that all written documentation submitted to the communication structure before 24:00 of the final day of the deadline is transferred at the scheduled time, even if it is addressed to the association, the operation mode of which is somewhat limited.
Types of Dates
When analyzing calculus and types of terms in civil law, it should be noted that they are very diverse. So, in accordance with the nature of the definition by agreement or law, it is customary to distinguish between the terms dispositive and imperative, indefinite and definite, private and general. It is important to note that peremptory terms cannot under any circumstances be changed by agreement of those involved in civil matters. By the way, most of the terms that are established by the rules of inheritance and corporate law relate to these. You need to know that (unlike imperative), the dispositive terms are subject to change through the agreement of the parties, for example, in some contracts.
Calculation of terms in civil law, having a specific character, is implemented by indicating the exact moments of their occurrence and completion, or the total duration. In a similar way, the legislation defines the statute of limitations. You should be aware that the establishment of uncertain terms is carried out by indicating some approximate criteria, which are composed in accordance with a specific situation or are not determined at all. As a rule, a similar picture takes place in contractual obligations. The calculation of terms in civil law, which are private, refers to the specification of general terms. A vivid example here are the intermediate periods of completion of individual steps of the activity that is carried out in accordance with the contract.
Classification by purpose
As it turned out, the procedure for calculating terms in civil law depends on their varieties. So, in accordance with the purpose, it is customary to distinguish between the terms for the exercise of civil rights, the onset of civil rights (duties), the protection of civil rights, as well as the performance of civil duties. It is important to note that the timing of the onset of legal relations of a civil nature, one way or another, gives rise to civic obligations or subjective rights, which, in fact, is their purpose.
A vivid example here is the calculation of statutes of limitations in civil law. So, the expiration of the period of acquisitive prescription, according to Art. 234 of the Civil Code of the Russian Federation, entails the emergence of ownership of this or that thing. It is necessary to supplement that the terms presented serve as legal facts giving rise to rights, that is, the grounds for the onset of certain civil rights.
The terms for the exercise of rights should be understood as the periods during which an authorized person can exercise a certain right, including through the requirement that certain actions be performed by obligated persons. It would be advisable to add that their main purpose is to provide relatively authorized persons with effective opportunities related to the use of the rights they have.
It is interesting to know that among the presented it is customary to single out the periods of existence of rights of civilian origin, as well as guarantee and preventive periods. So, the former are periods of validity of rights of a subjective nature in time. You should know that their vocation is to provide authorized citizens with time to exercise their rights, as well as to give certain stability and absolute certainty to civil circulation. It is necessary to add that with the expiration of the terms presented, civil law, which is subjective in nature, in one way or another, terminates. Moreover, the possibility of its implementation is also lost.
It would be appropriate to give relevant examples of the calculation of terms in civil law. So, the period of validity of a power of attorney under no circumstances may exceed 3 years under paragraph 1 of Art. 186 Civil Code in force in Russia; copyright according to the general rule is valid for the life of the author and fifty years after his death, and a patent for an invention - until twenty years have elapsed since the filing of the application with the patent office under paragraph 3 of Art. 3 of the current Patent Law. It must be taken into account that the number of civil rights includes subjective rights of an unlimited duration, for example, ownership.
Deadlines
Further, it would be advisable to consider the calculation of terms in the civil law of the Republic of Kazakhstan, which are of an exclusive nature. It is important to note that preventive periods, one way or another, determine the boundaries of the existence of rights. They give authorized persons a strictly set time for the exercise of their rights under the threat of termination of those.An appropriate example should be given. If the amount of money in the client’s bank account is actually less than the minimum stipulated by the agreement or the rules of the banking institution (and it does not recover within a month from the moment the client is warned about this), the banking organization is vested with the absolute right to terminate the contract with such a client judicially. The information provided is regulated by paragraph 2 of Art. 859 of the Civil Code in force in Russia.
In order for the heir to accept the inheritance, today is granted six months from the moment of its opening, according to paragraph 1 of Art. 1154 of the Civil Code of the Russian Federation. It is important to note that after this time the right associated with the acceptance of the inheritance, in accordance with the general rule, is somehow lost. It must be added that the terms of this kind serve as sanctions for improper fulfillment or non-fulfillment of rights at all. As a rule, these sanctions prematurely terminate subjective civil law. So, they are a relatively rare exception. It is impossible to identify with them certain periods of the existence of rights that are endowed with another purpose.
Warranty Periods
Warranty periods must be understood as the time periods during which the manufacturer, seller or other service provider guarantees the suitability of a marketable product or service for use in accordance with its usual purpose, and the user is given the absolute right to demand the elimination of discovered defects free of charge, to replace a product or service or use of other consequences established by contract or law. It is important to note that such terms, in particular, are set by Art. 470 and 471 of the Civil Code in force on the territory of Russia for sold commercial products, Art. 722 for the results of contract work and so on.
You need to know that a variety of the presented category are periods of service, which are determined in relation to a durable product (work, services), according to paragraph 1 of Art. 5 of the Law on the Protection of Consumer Rights. In contrast to those, the expiration dates, which are established in relation to medicines, food products and some other things, are considered periods in accordance with the expiration of which the goods are unsuitable for intended use (and that is why it is not subject to sale). They belong to varieties of preventive periods, and therefore there is no need to identify them with periods of guarantee.
Dates of implementation of duties
Under the terms of performance of duties, it is necessary to consider the periods during which the obligated persons, one way or another, must fulfill the obligations lying on them. Such dates are often set by drawing up an agreement between the parties, and at times they are not determined at all or are revealed by the moment of demand. The above information is regulated by Art. 323 of the Civil Code in force in Russia. In civil circulation, it should be borne in mind that the performance of an obligation ahead of schedule is not always consistent with the interests of the authorized person (for example, if it refers to the obligation related to storage of things). Therefore, this is allowed, unless other circumstances are provided for by current legislation or an agreement, in accordance with Art. 315 of the Civil Code of the Russian Federation.
Time violation
The delay in the periods of fulfillment of duties serves as the basis for the application of certain rules of civil liability with respect to the violator. The terms of protection of rights are the periods of time provided exclusively to authorized persons to appeal to the judicial authorities or the offender with a requirement that relates to the protection or enforcement of their rights.Here we are talking about claims and limitation periods.
To date, the first to establish the duty of an authorized person to apply before the trial in court with a statement regarding the satisfaction of their own claims against the alleged violator (it is said about the satisfaction of claims on a voluntary basis). They can be established by agreement of the parties or customs in terms of business circulation, without affecting the right of the injured (authorized) person to be protected by the judicial authorities.
It is important to know!
Until recently, the observance of the terms in question served as a mandatory condition for applying to arbitration courts with a lawsuit against the legal entity. Meanwhile, the threat associated with the loss of the right to sue due to improper compliance with the claims procedure turns the claims into preventive terms, which contradicts the principle of independent, free exercise of civil rights. It turns out that it is no coincidence that the claim procedure of compulsory orientation is not known for developed legal systems or international commercial turnover.