The essence of the undetermined civil term and its relationship with the term determined by the moment of the creditor's claim

Abstract

This article is devoted to the scientific analysis of the topical issue of temporal regulation of civil relations using indefinite terms. A similar mechanism of temporal normalization of specific relations is established normatively, in particular, in Part 2 of Art. 530 of the Civil Code of Ukraine. The situation is directly foreseen when the deadline for the debtor to fulfill the obligation may not be established by the agreement of the parties. And this does not mean that the obligation does not have a deadline for its implementation. In this case, the debtor's obligation to fulfill the obligation arises after a specific time or immediately after the creditor's demand, which the latter can present at any moment. Contracts may generally not contain conditions on the period (terms) of performance, which does not make them defective. After all, the legal relationship established in them will be implemented someday, but such a time will come only when the right holder wants it. The obligation to fulfill such an obligation arises after the creditor presents a demand and must be fulfilled immediately, within seven days or within another established period after the demand. Particular attention in the work is devoted to clarifying the idea of ​​a regulatory rule about the presence of indefinite terms, terms determined by the moment of demand. For this purpose, a thorough study was carried out of the question of what constitutes obligations, for which the term (term) of performance is not established or is determined by the moment of the creditor's demand, and what practical form specific contracts take on in the presence of such obligations. As established by the author, the legal construction with their distribution is an unfortunate mistake of the legislator. After all, in essence, there is no difference in the order of application of unspecified terms and those determined by the moment of demand. The beginning of both temporal dimensions is determined by the will of the creditor, the mechanism is implemented in both cases in the same way - by presenting a claim, and the fulfillment of each of the claims takes place in the same order and in the same period. After all, the stylistic analysis of the legal norm, part 2 of Art. 530 of the Civil Code of Ukraine shows that regarding the establishment of a deadline for a possible creditor's claim, it does not refer to any specific deadline for presenting a claim. It is about the fulfillment of the obligation when the demand is presented, or is fully covered by the mechanism of indefinite periods. The analysis of specific situations proved the identity of the commented relations.