Reasonable time in civil law. Compensation for violation of a reasonable period

Civil law is one of the most important legal branches that regulates the relationship between individuals and legal entities in the implementation of their social, economic rights. The current Civil Code of the Russian Federation contains a huge number of norms that establish the basic provisions of our life activity, as well as the rules of due or acceptable behavior, with which we must be guided. Of course, any commitment or right must be realized at a certain date. It can be established directly by the contract or the law, or it may be absent with an indication of a reasonable time for performance of the obligation.

Principles of law and process

Before you directly study the terms themselves, you need to determine their place and meaning in the legal system. Any legal branch is based on principles, on them makes references and the Code of Criminal Procedure of the Russian Federation, and the Civil Code of the Russian Federation. Terms are one of the principles, we will discuss the main of them in more detail.

The principle of equality

The fundamental pillar for any legal sphere. Due to the equality of rights, any subject is endowed with a certain list of privileges and duties that is the same for all. Of course, absolute equality is impossible to observe, and in some areas, one category of people has more rights than the other. But this is only if you understand superficially. For example, natural rights and the rights that the Constitution affirms. So, absolutely all people have the right to life, accordingly, other actors have a related duty - to honor this privilege and not to violate the law that protects it. Another vivid example is legal proceedings. Regardless of its participants, they will have equal rights, they can protect their interests in all prohibited ways and have no advantages.

Freedom of contract

Applies only to the civil law branch, but is incredibly important for it. Thanks to this principle, any person is able to conclude various kinds of contracts, if they are not prohibited by law directly. Thus, we have economic independence, as well as the opportunity to achieve our interests and engage in activities that are beneficial to us.

Principle of Independence

Both in the criminal and in the civil process it is extremely important that its participants are independent of each other. Otherwise, either the dispute does not make sense, or it is created for the purposes of the parties, uses the powers and mechanisms of the state to satisfy selfish interests. The defendant and the plaintiff must be independent, and the judge must also have such a characterization. Otherwise, there is a need to indicate the bias or affiliation of individuals, which is unacceptable.

The principle of a reasonable term

Any right, as well as any legal process, must be carried out at a certain time. Of course, it's not always possible to establish it exactly. So, for example, a reasonable term in civil law depends on the nature of the relationship, but its variability is practically unchanged. Compliance with this principle ensures both effective work of courts and authorities, as well as good faith of counterparties in the implementation of their obligations.

Understand the timing

For the most part, everything related to time refers to the resolution of the civil process. In the current Civil Code, it is much more difficult to find a term than in the CCP, and this is due to the special situation of the two codes. It is in the procedural code that the activities of the courts are regulated, as well as a list of necessary actions aimed at protecting their rights. Their value is difficult to overestimate, and legal proceedings without them are completely impossible. Let's examine in more detail what is a reasonable time in civil law, how it happens and is very different from other branches of law.

Terms in civil law

To begin with, let us turn to all types of terms that are in our branch of law. The term set aside for the realization of the right is considered to be prescient. Thus, within its limits, you will be able to exercise the powers given to you, without violating the law. Another kind is the limitation period. It is designed to protect your rights, and involves not only judicial protection, but also other types. Finally, a reasonable period for the fulfillment of the obligation. As a rule, if we are talking about civil law, the contracting parties rarely leave this condition without attention. For most subjects, the term is an incredibly important element of the transaction. That is why practically in all contracts we can meet clearly defined dates, within which certain obligations must be fulfilled. But what does "intelligent" mean?

A bit about reasonable

Imagine a situation when you conclude an agreement with your counterparty to supply the goods you need. You stipulate all the essential conditions: price, quantity and assortment of goods. But as soon as you begin to agree on terms, a problem arises: your warehouse is occupied by other items, and there is no place in it anymore. Thus, you ask the counterparty to deliver the goods to the specified point as necessary, that is, they determined the moment when the obligation was fulfilled on demand. However, at your first call, the counterparty will not be able to bring you the subject of the contract, because it may be difficult for him at a certain moment, does not impose such duties on him and the Civil Code of the Russian Federation. Terms in this case can seriously stretch, which will bring you substantial losses.

The legislator envisaged possible situations and introduced the concept of "reasonable time". In general, although it is mentioned more than 50 times in the Civil Code, but its interpretation does not occur at all. There is only one article - 314th, which leads us to the order of its calculation. Thus, it is indicated that a reasonable period in civil law does not exceed 7 days. Again, it is important to understand from which date to count it. If we look at our example with a counterparty and a warehouse, then the partner from whom we demanded to bring the goods to the destination will be for 7 days to fulfill its obligation from the moment of receiving such a demand.

Not without some gaps. So, in addition to the fulfillment of obligations, we have an institution of surety. Let's imagine the following situation: you instructed your friend to conclude a contract of sale with a third party in your interests. The trustee performed all the necessary complex of actions, but on his own initiative decided to slightly change the terms of the contract. In that case, it will approve of its approval to its principal. And you will have to give your answer in a reasonable time. In civil law you will not find an example for such a relationship. We must be guided only by the provisions of art. 314 Civil Code of the Russian Federation.

Process

Do not forget about the authorities, whose relationship with us is also regulated by law. The judicial law is responsible for the implementation of the production of legal disputes with the participation of the authorities. So, we have a separate Civil Procedure Code, which clearly defines the limits, parties, responsibilities, rights and much more. A reasonable period in civil law and process is not the same, and therefore requires additional study.

To begin with, we note that the CCP does not regulate relations between the parties, does not indicate to them what agreements should be reached and so on, it only deals with resolving legal disputes. Here you will come across a different concept - "a reasonable period of judicial proceedings". That is, this is the period within which the court must make all the necessary complex of actions to resolve a particular dispute. Thus, Art. 6.1 The CCP immediately tells us about reasonable time. True, already in Part 2 makes a small transcript, according to which, they can not be exemplary or abstract. Each of these terms is clearly defined in the code, for example, the time for which a decision on the case should be rendered. Of course, such terms can be extended for reasons and reasons stated in the code, but their extension also has a certain character.

However, there are small exceptions. For example, judicial law does not always set a clear deadline for the execution of a court decision. Let's imagine, you applied to the competent authorities for the protection of your rights, your demands - oblige the counterparty to pay for the goods delivered by you. The court took your side and made a decision. There are no terms for the execution of such an act as such. If the counterparty continues to shy away from fulfilling its obligations, you can contact the appropriate authorities. But your debtor is now in a difficult economic state, the bailiffs can not recover anything, just like you. Law and law are often powerless in such matters.

Arbitration process

Our legal system is distinguished by the diversity of regulators, as well as the spheres of social relations. So, we have arbitration courts, which deal with cases involving business entities. And although the AIC is incredibly similar to the GPC, there are nevertheless some differences. For example, the similarity of Art. 6.1 - a reasonable period of arbitration proceedings, which is completely identical to the same article in the Civil Procedure Code. If we talk about differences, then in this issue they are not so significant, but for example, the evaluation of evidence and some subtle points will be different.

Other Codes

Also, one can speak separately about the Code of Administrative Judicial Proceedings, but it was born just recently, and therefore did not have time to get any significant differences. At the moment, it is almost exactly a copy of the Civil Procedure Code, but if the legislator decided to separate the administrative process, then his further changes will necessarily follow.

Criminal law

The reasonable term of the proceedings is also one of the principles of the criminal process set out in art. 6.1 CCP RF. However, if we talk about forensics, then the situation with time is completely different. The procedural code tries to minimize the risks of abstraction, because the price of the issue in such production is much higher, and therefore a reasonable period of criminal proceedings must be precisely defined.

Thus, most of the terms have specificity, while others can be appointed by the court. This forces the parties to coordinate their actions as much as possible, and also to prevent the delay of the process. Law and law in criminal proceedings are much more specific and stricter than civil. Peremptory norms prevail here.

As an example, imagine that a certain citizen is under judicial investigation. This means that the investigator and other law enforcement agencies have already completed their work and submitted the case to the prosecutor's office. A citizen is in fact innocent. But the judge, once again assessing the evidence, decides to postpone the trial. The whole process is dragging out, and a citizen who will eventually be found innocent has long suffered unjustified infringements. To avoid such situations, and was introduced a reasonable period of criminal proceedings. At the moment, courts of general jurisdiction treat him with great attention and try not to allow even a hint of his violation.

Sanctions for violation

But not always everything happens as the code or legislator reiterates. For various reasons, the law of law can significantly yield to actual circumstances, which can lead to various violations. In view of such twists and turns, a special compensation was developed for violating a reasonable time, which is paid in favor of the injured person.

At the moment, Federal Law No. 68 completely regulates this problem. Thus, compensation for violation of a reasonable time can be paid in the event of delaying the proceedings or the execution of a court decision. In this case, the party will have to justify why it believes that the authorities have committed such a violation through their own fault. The amount of compensation is not clearly defined and depends on the will of the applicant, as well as the court's decision, which, having assessed all the circumstances stated, will make its decision. Such payments must be made by the state itself in accordance with the Budget Code, which means that such claims, based on the above-mentioned Federal Law, can not be presented to their counterparty.