Terms in civil law
The term "terms" in civil law is usedin two meanings. 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 points contribute tostreamlining of relations, form stability and certainty of interrelations. Terms in civil law contribute to the establishment of 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 entitiesfacts belong to the category of events, in connection with the fact that they expire (come) regardless of the human will, as, in fact, the course of time in general.
Civil law contains a number ofspecial and general rules related to time moments and segments. General provisions apply to all relations that are governed by civil norms. Special rules apply to relationships with established deadlines.
Time intervals and moments can be qualified in accordance with different grounds. So, taking into account the subjects that set the deadlines, they are singled out:
- The judicial.
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 regulatory time intervalsand the 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 things. 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, in accordance withwhich can be established and the maximum period, however within its framework other terms can be established also. 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.
The first case is, for example, legal capacity.
In the second case, the establishment ofaccordance with the provisions of the treaty. Compliance with them is mandatory 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 in the agreement a specific date is not established, 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 the person himselfcan exercise its right or demand from the obliged to make a number of actions for the implementation of the law. This category includes the periods of action of subjective opportunities (for example, heirs to the acceptance of inheritance). After the expiry of these terms, the law itself is terminated.
To this category should be attributed andclaim periods. For example, based on 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.