LawState and Law

Terms in civil law

The term "terms" in civil law is used in two ways. In the first case, this is a moment in time, and in the second - a certain period. In both cases, the timing of the exercise of civil rights is closely related to certain consequences.

Time intervals or moments contribute to the ordering of relationships, form the stability and certainty of the relationships. Terms in civil law contribute to establishing discipline among participants in interactions, compliance with contracts. In addition, timely protection of interests and rights of subjects is ensured.

Terms in civil law among legal facts belong to the category of events, due to the fact that they expire (come) regardless of the human will, as, in fact, the course of time in general.

The civil legislation contains a number of special and general rules related to time points and segments. General provisions apply to all relations that are regulated by civil norms. Special rules apply to relationships with established deadlines.

Time intervals and moments can be qualified according to different grounds. So, taking into account the subjects that set the deadlines, they are singled out:

  1. Normative.
  2. Contractual.
  3. Litigation.

The contractual terms in civil law are established by agreements. Judicial - are provided by decisions of the justice bodies of general competence, arbitration and arbitration court.

In turn, all the normative time intervals and moments are divided into imperative and dispositive. For imperative, for example, include the statute of limitations in civil law, the validity of a patent, copyrights and other. Disposive time periods and moments are used in cases when the parties to the treaty have not determined a different order.

There are also legal norms, according to which a maximum period can be established, but other terms can be established within it. So, for example, the power of attorney is valid for no more than three years. In this case, the principal can specify any time within the maximum.

In addition, the time segments and moments are divided according to their purpose. So, allocate terms:

- Generating rights of citizens;

- performance of duties;

- the exercise of the rights of citizens;

- protection of rights.

To the first case, for example, include legal capacity.

In the second case, they speak about the establishment of terms in accordance with the provisions of the treaty. Compliance is obligatory for the parties in whose interests they are provided. The parties to the agreement have the right to change the deadlines by mutual agreement. It should be noted that time gaps and moments can be established and in accordance with the rule of law. To them, for example, include the timing of payment for utilities. If the agreement does not specify a specific date, then the obligation must be fulfilled "in a timely manner", "immediately", "in a technically possible period" or on demand.

In the third case, it is said that a person can exercise his right himself or demand that he be obliged to make a number of actions to implement the law. This category includes the periods of action of subjective opportunities (for example, heirs to the acceptance of inheritance). At the end of these terms, the very law itself is terminated.

To the same category should be attributed and claims periods. For example, on the basis of transport standards, the customer can apply for the requirements associated with the contract for the carriage of goods within the time specified in the relevant provisions.

The time limits for the protection of civil law should include the periods of limitation of actions. They are stipulated by the provisions of the Civil Code.

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