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Article Terms and Periods in Civil Contracts: Some Issues
Authors
Luts V.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 4 / 2015
Pages 43 - 50
Annotation The relevance of study of such general categories of civil law as terms and periods is due to the controversy of issues on their concepts and legal essence, their classification and role in specific civil law institutes. The article explains the view of the civil law terms as a temporary (temporal) form of the emergence and development of contractual civil legal form of existence and implementation (execution) of subjective rights and duties constituting the content of these relations. Comparing the provisions on terms enshrined in the Civil and Commercial Codes of Ukraine the author concludes that the terms on the time of contractual obligations performance can refer to the essential terms, in case it is required by law for a particular type of contract or by the nature of relations between the parties. Special attention is paid to the study of essence of so-called «reasonable» terms, the application thereof being subject to consider specific circumstances of the activities of the parties to contractual obligations.
Keywords term, period, civil contract, «reasonable» term, obligation.
References
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