Term is what? The concept, types and significance of terms

Term is a certain period of time. This definition allows you to see the mandatory 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 of calculating them.

Generalized terminology

If we turn to the explanatory dictionary, the meaning of the word "term" is divided into two versions:

1. A certain moment, date, for example March 10.
2. The established time interval, for example, from 1 to 10 March inclusive.

In this connection, the basic classification of terms in any legal branch is being built. 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 a certain year. In another case, civil capacity is determined by the moment of birth of a person.

As a rule, the concept and meaning of terms in the civil-law branch is inextricably linked with the emergence of new legal relations: the opening of an inheritance, the emergence of duties on payment of duties, taxes, the implementation of the provisions of the contract before the set time. All of these are vivid examples of a certain point 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 government agency is concluded for a period of 5 years.

About the arrangement

Term is a concept that is strictly established. Considering the legal branch, it is impossible not to note the role of the legislator, on which the regulation of the majority of social relations depends.

The term can be set by a certain date of the calendar 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. 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 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, so 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 accident, then such a transaction is conditional.

About classification

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:

• Legitimate: established state. Bodies and must be reflected in normative documents.
• Contractual: they are proclaimed in a 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 within the limits determined by law.
• Administrative terms: payment of debts, the term of punishment and so on. Defined by the Code of Administrative Offenses.

Common examples of terms

In any branch of law, the nuances associated with the terms are reflected. So, in the 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 reference to the corresponding law. If the regulatory document that establishes any time interval is absent, 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.

Using the example of the above-mentioned article, it is possible to determine not only the concept of terms, their significance and the procedure for calculating them, but also persons who have the authority to set the time. For example, in the resolution of a legal dispute, the judge is entitled to determine the period 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 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.

Kinds

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:

• On pravobrazujushchie (the moment of occurrence of the legal relationship);
• Right-terminating (the moment of termination of the relationship);
• Legal (they make the necessary changes to existing legal relations).

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 period of a power of attorney abroad.

Depending on the possibility / impossibility of changing the time, there are:

• Imperative, which can not be changed. As a rule, such terms are established by the legislator and are determined by the time period, for example, inheritance is possible after 6 months.
• Dispositive - can be established both by the parties, and imperious bodies. Especially this type is common in civil 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 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.