A term is a certain period of time. This definition allows you to see the mandatory signs of the concept, namely the beginning and end. There are a huge number of nuances associated with the timing. Moreover, various branches of law have their own methods of calculating them.
Generalized terminology
If we turn to the explanatory dictionary, then the meaning of the word "term" is divided into two options:
- A specific moment, date, for example, March 10th.
- The set time period, for example, from March 1 to 10 inclusive.
In this regard, the main classification of terms in any legal industry is being built. In civil law, both versions of the proposed interpretation are present. For example, a lease is concluded for a certain period: 11 months, or from January 1 to December 1 of a certain year. In another case, civil legal capacity is determined by the moment of birth.
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, and the fulfillment of the provisions of the contract before the established time. All these are vivid examples of a certain point in time. At the same time, the term can determine the validity of the contract, for example, a contract with a public servant and a public institution is concluded for a period of 5 years.
About the arrangement
Term is a concept that is strictly established. Considering the legal industry, it is impossible not to note the role of the legislator, on which the regulation of most public relations depends.
The term can be set by a specific calendar date or a period of time. If in the first case there are no questions about calculus, then in the second case there are certain difficulties. So, the course of a term 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.
Dates can be determined by an event, that is, circumstances that occur under any conditions without the will of a certain circle of people. At the same time, a certain requirement is imposed on events, namely, inevitability. A striking example is the will. Agree, none of us is eternal, therefore the duration of the will is determined by the moment the testator dies. If the event is conditional, for example, 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, if possible, by consequences, and so on. The main classification used in the theory of state and law is as follows:
- Legitimate: established by state. bodies and must be reflected in regulatory documents.
- Contractual: proclaimed in the contract, that is, in a document agreed upon by the parties, which, after adoption, acquires legal force for certain persons.
- Judicial periods are established exclusively by the court to the extent determined by law.
- Administrative deadlines: payment of arrears, sentence and so on. Determined by the Administrative Code of the Russian Federation.
Common Timing Examples
In any branch of law, the nuances associated with the terms are reflected. So, in Art. 190 of the Civil Code of the Russian Federation, you can see the norm on the procedure for determining the terms in transactions. It may be established by the parties, or may be formalized by reference to the relevant law. If a normative document establishing a certain period of time is missing, the parties have the right to independently determine it. While the violation of the deadline set by the legislator entails the invalidity of the contract. In turn, violation of the legislative time period may entail a more serious liability, for example, disciplinary or administrative.
Using the example of the above article, one can determine not only the concept of terms, their meaning and calculation procedure, but also persons who have the authority to set the time. For example, when resolving a legal dispute, a judge has the right to set a time period during which one of the parties must fulfill the obligation to fulfill the contract. The term in question can be applied not only in case of resolution of property and personal non-property disputes. Since 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.
Kinds
The classification of terms includes a huge number of grounds, which gives rise to a large number of their types. So, depending on the onset of legal consequences, the terms are divided:
- on legal entities (the moment of legal relationship);
- terminating (the moment of termination of the relationship);
- law-changing (they make the necessary changes to existing legal relations).
Depending on the degree of generality, they distinguish:
- General terms - those that apply to all legal entities, for example, the limitation period is 3 years.
- Special - act as exceptions to generally accepted rules, for example, the duration of a power of attorney abroad.
Depending on the possibility / impossibility of changing the terms, there are:
- Imperative that are not subject to change. As a rule, such terms are established by the legislator and are determined by the period of time, for example, the inheritance is possible after 6 months.
- Dispositive - can be established by both parties and authorities. This type is especially common in civil matters.
About meaning
Term is, as mentioned earlier, a generally accepted concept that is used not only in the civilian, but also in the criminal branch. Without determining the time, it is impossible to build a well-coordinated system of legal regulation. In addition, due to the timing, not only private legal relationships can change, but also public ones. For example, in criminal law, a crime committed at the time of the operation of outdated legislation will be punishable under the previous Criminal Code. Timing is necessary in such sectors as budget, tax, financial law, forestry, urban planning law, and so on.