Publication details
Zpětné počítání lhůt a dob v občanském právu
| Title in English | Backward Calculation of Time Limits and Time Periods in Civil Law |
|---|---|
| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| web | https://www.ilaw.cas.cz/casopisy-a-knihy/casopisy/casopis-pravnik/archiv/2024/2024-2.html |
| Keywords | computation of time; time limits; time periods; non-working days |
| Description | The Civil Code contains rules on computation of time limits, which move forward in time. In private law, however, we also encounter time limits that are counted backward in time. The aim of this article is to formulate a coherent set of normative conclusions concerning calculation of backward-running time limits. Central to its argumentation is the premise, that the purpose of a backward-running time limit is to create sufficient reaction time for those who are protected by such time limit. It follows from this premise that, if the beginning of a backward-running time limit defined by days (or longer units of time) is tied to a particular event, the limit begins to run at the chronological end of the day before the day on which said event occurs. In order to comply with the time limit, it is necessary that the legally relevant act which is to precede the time limit be performed before the beginning of the last (chronologically first) day of such time limit. Where the time limit is defined by hours and is based on a specific event, it shall begin to run at the chronological end of the hour preceding the hour in which the event relevant to its commencement occurred. In order to comply with it, the appropriate act must be performed before the end of the hour preceding the last (chronologically first) hour of such period. If the end of a backward-running time limit falls on a Saturday, Sunday or public holiday, it is not to be moved on the preceding or following working day. |
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