The concept of terms in civil law covers absolutely all types of legal relations, which depend on the time of their validity, because any contract has a limited period of validity. It indicates the existence of legal force of such a document. After a certain period of time, it becomes invalid. To protect the violated rights, one should also proceed from the fact that the possibility of upholding a position is limited by the time frame. But decisive is not only the time factor, but the onset of consequences at the stage of fulfilling legal obligations. The important thing is that you can protect rights only within a certain period. There are different types of terms. Their duration depends on the specific situation with which the citizen wants to deal. This can be done in court.
Signs
Terms in civil law are certain legal facts or events that cannot depend on a person’s will. But at the same time, the validity of a certain period is determined by legal acts and laws. Therefore, in this sense, the volitional factor is still present in some way. Different terms may change and end. Such traits indicate the volitional nature of the time period. It turns out that a large number of terms has dual characteristics, which are as follows:
- They have a strong-willed origin, but depend on the objective process of the flow of a certain period of time.
- They are a special kind of legal facts that cannot be related to specific events or actions.
This characteristic does not apply to all terms that have legal significance.
Features
According to article 190 of the Civil Code of the Russian Federation, terms in civil law may indicate certain events, the onset of which is inevitable. In the event that the time period is only assumed by persons, the possibility of its occurrence is regarded as a condition for the transaction. For example, if there comes a time when it is possible to make sea transportation, then the time period is also associated with the stage of receiving various cargoes in ports. Therefore, the timing definitely refers to events. The period of time that it will take to unload a sea vessel indicates the presence of a legal fact, which is enshrined in transport law. And the terms for the exercise of civil rights, which take the form of periods of time, depend on the time sequence in the general sense. For example, the validity of a certain period may be due to a calendar date. Therefore, such time periods cannot be considered events. They are of particular importance in the aggregate of legal facts.
It should be noted that the fact of the onset of a certain period or its expiration is of particular importance.
Expiration date
Dates in civil law, which are defined by time periods, are calculated in accordance with legal norms. Their action begins on the day after a certain date. For example, the shipment of goods under the terms of the supply agreement must be completed no later than ten days from the date of signing the document. This time limit has been introduced to simplify the timing.
For the same reasons, the period calculated in years shall end in the last year.
Characteristic
The rules by which the terms in civil law are calculated are characterized by the presence of imperative features. Legislation provides for exceptions only when the termination is on a non-working day.
In this case, the day stopping the validity period will be considered a working day. But such a basis cannot extend to the initial stage of calculating the term, and a day off is no exception when calculating its duration.
Regulation Procedure
A special place in the study of terms in civil law is occupied by the stage of the implementation of specific actions on the last day of the term. Legal regulations indicate that any action can be performed within 24 hours.
First of all, such a rule applies not only to individuals, but also to legal entities that have an unlimited working day. If the execution of actions is attributed to organizations with a limited daily regime, then in this case the period can be considered expired when various operations are terminated. For example, there are such types of transfers in banks that are carried out before lunchtime, despite the fact that the commercial organization operates until late in the evening. In this case, the execution, which relates to other types of operations, may be carried out before the end of the working day.
Types of terms in civil law
They can vary for many reasons. Depending on their definition, the following terms can be distinguished by law:
- Imperative. They cannot be changed by agreement of the parties to legal relations. This feature has many terms that are set in accordance with corporate or inheritance law.
- Dispositive. But they can change by agreement of the parties to the transaction.
Also, time periods can be divided into:
- Certain. That is, those that are calculated by indicating the period of their validity or exact moment. Thus, the statutes of limitations in the framework of legal relations are characterized.
- Uncertain. They are established using approximate criteria that must correspond to a specific situation. They cannot be determined at the conclusion of a legal document that has no expiration date. This fact is mainly found in the performance of obligations under the contract.
Legal Relationships
The concept and types of terms in civil law characterize the emergence of relations, as well as rights and obligations. This, in fact, is their purpose. The period that expires within the framework of acquisitive prescription may serve as the result of the possession of a certain thing. Such terms are characterized by the emergence of legal rights.
Exercise of rights
The period of time during which the rights are exercised can be called the period in which the authorized person can realize the legitimate goals by establishing requirements, to perform certain actions. Their purpose is to make it possible to exercise the existing rights.
Civil Rights
The concept, types, calculation of terms differ in the presence of subjective signs. Knowing all the nuances is necessary not only so that a specific person can exercise their rights, but also to give a stable position to civil circulation, since after a certain period a certain right may cease and the possibility of its exercise will be lost. In this case, for example, the power of attorney has legal force no more than three years.
Execution of obligations
The fulfillment of certain requirements is determined by the period during which persons must fulfill their duties. Very often, the procedure for calculating deadlines in civil law can be established by agreement of the parties to the transaction. Sometimes they can be determined within the moment of demand. It is necessary to pay attention to the fact that fulfillment of obligations ahead of schedule does not in all cases coincide with the interests of a certain person. Therefore, such options do exist, but unless otherwise provided by law. The delay, in turn, is considered the basis to apply to a person who violated the agreement, a measure of responsibility.
Limitation of actions
The implementation of actions aimed at protecting their rights is limited to the period during which you can go to court and demand the enforcement of rights. This period includes the statute of limitations in civil law. It turns out that a citizen whose rights have been violated can conduct legal proceedings in a particular case before the expiration of the lawsuit, and ensure that the accused party performs the actions that will be enshrined in the court decision.
Calculus of limitations
The initial stage at which the course of the limitation period begins can be determined by the day when a person finds out that his rights have been violated.
During the statute of limitations, factors may appear that will interfere with the exercise of the opportunity to bring an action. If the circumstances are valid, then the statute of limitations in civil law may be suspended for the time during which they will exist. Suspension of limitation is possible in the following cases:
- The lawsuit could not be brought due to force majeure.
- A citizen is a member of the armed forces and transferred to a position.
- By virtue of the grounds of the law of the Russian Federation.
- If the law that regulated certain relations has lost legal force.
This list is exhaustive.
Effects
The termination of the statute of limitations, as claimed by the party, constitutes the basis for a court decision. If a citizen misses the statute of limitations in civil law, then he is deprived of the opportunity to file a lawsuit and assert his rights in court for certain circumstances. This possibility is preserved only in essence while the material meaning is lost. Therefore, if a person has fulfilled his obligations to the other party at the time the claim period ends, then such a citizen cannot demand that he is executed again.
This approach has not been previously confirmed by specialists who believed that in the absence of enforcement of a mandatory nature, rights cannot exist as such. This opinion has been disputed many times. But at the same time, it did not give concrete explanations. This view was based on fixed rules. An opportunity that would allow it to be accepted in today's conditions could lead to the conclusion that the calculation of terms in civil law depends on the will of one party to the dispute. It’s hard to agree with that. More truthful is the view that the law provides certain individuals with great opportunities.
Claim deadlines
Such types of calculation of terms in civil law are characterized by the fact that a citizen can file a lawsuit in court to satisfy the requirements. A party that has not fulfilled an obligation may invite the injured party to conclude a settlement agreement. A citizen whose rights have been violated will be able to re-write the application and go to court only after the other party fails to fulfill the obligations in accordance with the court order.
But sometimes, if there is a threat to lose the right, which makes it possible to file a lawsuit in case of violation of the order, these terms become preventive. They are in conflict with the principles of freedom in the exercise of rights. The legislation allows their presence as an exception to the rule. Typically, such terms relate to transport duties.
Law acquires value only when it can be used to protect interests, when it is possible to realize the opportunity to defend positions and views. Such actions can only be performed if a sufficient period can be provided. Therefore, the legislation establishes the period for exercising rights in such a way that the subject can exercise his rights and achieve the achievement of a legitimate goal.
This is very important, because each citizen may have a situation in which it will be necessary to prove their case. This can be done with the help of a judicial authority. In this sense, the timing is critical to the outcome of the case.
Thus, the types of terms in civil law are of great importance. The implementation of the rights of citizens in judicial proceedings depends on how long they have. Each contract relating to certain duties and conditions contains terms that may vary. The validity of the term depends on the circumstances of the particular transaction. Therefore, when concluding any contracts, one should bear in mind the presence of features related to the calculation of the term.