Term is a certain period of time. This definition allows you to see the required signs of the concept, namely the beginning and ending. There are a lot of nuances associated with the timing. Moreover, in various branches of law there are ways to calculate them.
If we turn to the explanatory dictionary, the meaning of the word "term" is divided into two versions:
In connection with this, the basic classification is constructedterms in any legal field. In civil law, both versions of the proposed interpretation are present. For example, a lease is concluded for a specific period: 11 months, or from January 1 to December 1 of that year. In another case, civil capacity is determined by the moment of birth of a person.
As a rule, the concept and meaning of the terms incivil-law branch is inextricably linked with the emergence of new legal relations: the opening of the inheritance, the emergence of duties on payment of duties, taxes, the implementation of the provisions of the contract before the set time. All these are vivid examples of a certain moment in time. At the same time, the term can determine the operation of the contract, for example, a contract with a civil servant and a state institution is concluded for a period of 5 years.
Term is a concept that is strictlyinstalled. Considering the legal branch, it is impossible not to mention the role of the legislator, on which the regulation of the majority of social relations depends.
The term can be set by a certain datecalendar or a period of time. If in the first case questions about calculus do not arise, then in the second variant there are certain difficulties. So, the flow of time can be measured in years, months, days or hours. In civil law, there is no mention of a shorter period of time, but the legislator does not exclude this possibility.
Terms can be determined by an event, that iscircumstances that will occur under any conditions without the will of a certain circle of persons. In this case, a certain requirement is imposed on the events, namely, inevitability. A striking example is a will. Agree, none of us is eternal, therefore the duration of the will is determined by the moment of death of the testator. If the event is conditional, for example, the drafting of a will in case of death in a car crash, then such a transaction is conditional.
There are certain types of terms: by value, if possible, by changes, by consequences, and so on. The main classification used in the theory of state and law is as follows:
In any branch of law, nuances are reflected,related to the timing. So, in Art. 190 Civil Code can see the norm on the procedure for determining the timing of transactions. It can be established by the parties, and can be made out by the reference to the corresponding law. If there is no normative document establishing any time interval, the parties are free to determine it independently. While a violation of the term established by the legislator entails the invalidity of the contract. In turn, a violation of the legislative period of time may entail more serious responsibility, for example, disciplinary or administrative.
On the example of the above-mentioned article, one can determinenot only the concept of terms, their significance and the procedure for calculating them, but also individuals who have the authority to set the time. For example, in the resolution of a legal dispute, a judge may set a time limit during which one of the parties must fulfill the obligation to execute the contract. The term in question can be applied not only in the case of the resolution of property and personal non-property disputes. Since the term - this concept is widely applicable, it is used to determine the period of time after which a citizen will be deemed to have died.
The classification of terms includes a huge number of grounds, which generates a large number of their species. So, depending on the onset of legal consequences, the timing is divided:
Depending on the degree of generality, they distinguish:
Depending on the possibility / impossibility of changing the timing there are:
The term is, as mentioned earlier, generally accepteda concept that is used not only in the civil, but also in the criminal branch. 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 can change, but also public ones. For example, in criminal law, a crime committed at the time of the obsolete legislation will be punishable under the previous Criminal Code. Terms are also needed in such sectors as budgetary, tax, financial law, forestry, town planning law and so on.
