Term - a legally significant fact that has a preventive effect, performs a stimulating function, is a legal guarantee of the protection of rights and the fulfillment of obligations.
Instructions
Step 1
Timing is characterized by the ability to clearly define their beginning and end. The beginning of the term is associated, as a rule, with any legal fact, event (for example, from the moment when the person learned or should have learned about the violation of his right; from the moment the judicial act entered into force, etc.). The end of the term is associated with the expiration of a certain period of time.
The term includes such time standards as year, month, week, day, hour (several hours). In addition, in practice, such types of terms have developed as: the life of a person, the delivery time of the postal item, the warranty period, etc.
Step 2
Terms are of particular importance in civil and procedural law, as well as in enforcement proceedings.
The Civil Code of the Russian Federation clearly defines the rules for calculating deadlines. So, if we are talking about a period that is calculated in a month, a week or another period of time, its course begins on the next day after the calendar date or the occurrence of an event that determines its beginning. For example, the law provides for a 10-day deadline for appealing against the ruling of a magistrate, made based on the results of consideration of administrative material. Let us assume a resolution of 01.09.2011, which means that an appeal against it can be filed before 00.00 h. 11.09.2011 (more precisely, from 00.01 h. 02.09.2011 to 00.00 h. 11.09.2011).).
Step 3
The end of a period determined by a period of time is calculated depending on what kind of time period it is: a period of several years ends on a designated day of the month of the last year of this period, a period of several months ends on the corresponding day of the last month, etc.
At the same time, note that the quarters are counted from the beginning of the year, and the period defined in half a month is considered as a period calculated in days and is considered equal to fifteen days.
Step 4
The Civil Code of the Russian Federation also contains the following rule: if the expiration of a period of several months falls on a month in which there is no corresponding date, then the period expires on the last day of this month. That is, for example, under a loan agreement, you have undertaken to make periodic payments on the 31st of each month, the term of the agreement is, say, 7 months. and in the last of them there is no 31st day, then you must make a payment on the 30th day of the last month of the term.
Step 5
In cases where there is a need to perform any action before a certain date and this date falls on a non-working day, the next working day following it is considered the expiration date. For example, you are required to pay an administrative fine within 30 days of the entry into force of the order issued by the traffic police. Let the said resolution be dated 2011-15-09 + 10 days for appeal (the period starts to run from 2011-16-09 and ends at 00:00 on 2011-25-09) + 30 days for payment, that is, the fine is payable until 00:00 26.10.2011 and, if it is a day off, the fine can be paid on Monday (again, if it is not a “red” day of the calendar). By law, the required action can be performed during the entire period of the term.
Step 6
If you need to take a certain action in an organization, for example, return a rented refrigerator, then the period will expire at the hour before which this organization works.
Step 7
Missing the deadlines established by law entails various negative consequences: the impossibility of filing a complaint, charging a penalty, paying a double fine, etc. However, in cases stipulated by regulatory legal acts, the course of the terms can be restored or suspended.
