Term is a certain period of time. This definition allows you to see the mandatory features of the concept, namely the beginning and end. There are a huge number of nuances associated with timing. Moreover, different branches of law have their own ways of calculating them.
General terminology
If we refer to the explanatory dictionary, then the meaning of the word "term" is divided into two options:
- A certain moment, date, for example March 10th.
- A set period of time, for example from March 1 to March 10 inclusive.
In this regard, the main classification of terms in any legal branch is being built. Both variants of the proposed interpretation are present in civil law. For example, a lease agreement is concluded for a certain period: 11 months, or from January 1 to December 1 of such and such a year. In another case, civil legal capacity is determined by the moment of birth of a person.
As a rule, the concept and meaning of terms in the civil law industry is inextricably linked with the emergence of new legal relations: the opening of an inheritance, the emergence of an obligation to pay duties, taxes, the fulfillmentterms of the contract before the stipulated time. All these are vivid examples of a certain moment in time. At the same time, the term may determine the validity of the contract, for example, a contract with a government official and a government agency is concluded for a period of 5 years.
About placement
Term is a concept that is strictly established. Considering the legal branch, it is impossible not to note the role of the legislator, on whom the regulation of most social relations depends.
The deadline can be set to a specific calendar date or time period. If in the first case there are no questions about the calculus, then in the second case there are certain difficulties. Thus, the passage of time can be measured in years, months, days or hours. Civil law does not mention a shorter period of time, but the legislator does not exclude this possibility.
Terms can be determined by an event, that is, circumstances that will come under any conditions without the will of a certain circle of people. At the same time, a certain requirement is presented to events, namely, inevitability. A prime example is a will. Agree, none of us is eternal, so the validity of the will is determined by the moment of death of the testator. If the event is conditional, such as making a will in case of death in a car accident, then such a transaction is conditional.
About classification
There are certain types of terms: by value, bythe possibility of change, the consequences, and so on. The main classification used in the theory of state and law is as follows:
- Legal: established by the state. authorities and must be reflected in regulatory documents.
- Contractual: proclaimed in a contract, that is, in a document agreed upon by the parties, which, after acceptance, acquires legal force for certain persons.
- Judicial terms are established exclusively by the court within the limits determined by law.
- Administrative deadlines: payment of debts, sentences, and so on. Determined by the Code of Administrative Offenses of the Russian Federation.
Common timing examples
In any branch of law, the nuances associated with the timing are reflected. So, in Art. 190 of the Civil Code of the Russian Federation, you can see the rule on the procedure for determining the timing in transactions. It can be established by the parties, or it can be made out by reference to the relevant law. If there is no normative document establishing any period of time, the parties have the right to independently determine it. While violation of the term established by the legislator entails the invalidity of the contract. In turn, violation of the legislative period of time may entail more serious liability, for example, disciplinary or administrative.
On the example of the above article, it is possible to determine not only the concept of terms, their meaning and the order of calculation, but also the persons who have the authority to set the time. For example, when allowingIn a legal dispute, the judge has the right to set a period during which one of the parties must fulfill the obligation to fulfill the contract. The term under consideration can be applied not only in the case of resolving property and personal non-property disputes. Since the term is a concept that is widely applicable, it is used to determine the period of time after which a citizen will be considered dead.
Views
The classification of terms includes a huge number of bases, which gives rise to a large number of their types. So, depending on the onset of legal consequences, the terms are divided:
- to law-forming (the moment of the legal relationship);
- terminating (moment of termination of relationship);
- changing rights (they make necessary changes to already existing legal relationships).
Depending on the degree of generality, they distinguish:
- General terms - those that apply to all subjects of law, for example, the limitation period is 3 years.
- Special - act as exceptions to generally accepted rules, for example, the validity of a power of attorney abroad.
Depending on the possibility / impossibility of changing the terms are:
- Imperative that cannot be changed. As a rule, such terms are set by the legislator and are determined by a period of time, for example, inheritance is possible after 6 months.
- Dispositive - can be established by both parties and authorities. This type is especially common in civil legal relations.
About the meaning
The term is, as mentioned earlier, a generally accepted concept that is used not only in the civil, but also in the criminal sector. Without the definition of time, it is impossible to build a well-coordinated system of legal regulation. In addition, due to the terms, not only private legal relations, but also public ones can change. For example, in criminal law, a crime committed at the time of the outdated legislation would be punishable under the previous CC. Deadlines are also needed in such areas as budgetary, tax, financial law, forest law, urban planning law, and so on.
