Computation of time (law)

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Computation of time or reckoning of time is a legal term which designates how time is calculated in law. [1] [2] [3]

Contents

Use

Computation of time is namely used to determinate when a law or another legal document enters into force. [1]

Two possible ways of computing time are the civil time and the natural time. Civil time uses days as units to delineate time; natural time uses hours, and sometimes minutes. [1]

Roman law

Roman law distinguished two methods of computing time: civil time and natural time. Natural time consists in computing time a momento ad momentum. Civil time is reckoned by entire days, thus the hour of the day at which an occurrence took place is not asked. The computation of time by civil reckoning is the rule, and it comes into application where the acquisition of a right depends upon the lapse of a certain time, in which case any hour or moment of the day suffices; however, where the loss of a right depends upon lapse of time, the last day must have wholly expired. [4]

See also

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<i>Ius</i>

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In the canon law of the Catholic Church, the computation of time, also translated as the reckoning of time, is the manner by which legally-specified periods of time are calculated according to the norm of the canons on the computation of time. The application of laws frequently involves a question of time: generally three months must elapse after their promulgation before they go into effect; some obligations have to be fulfilled within a certain number of days, or weeks, or months. Hence the need of the rules for the computation of time. With the Code of 1917 and the reformed Code of 1983, the legislator has formulated these rules with a clearness and precision that they never had before.

References

  1. 1 2 3 Deák, Francis (1926). "Computation of Time in International Law". American Journal of International Law. 20 (3): 502–515. doi:10.2307/2189033. ISSN   0002-9300. JSTOR   2189033. S2CID   147053348.
  2. Chadman, Charles Erehart (1909). "Computatio temporis.". A Concise Legal Dictionary. Chicago: American Correspondence School of Law. p. 102. ISBN   978-5-87448-855-0.
  3. English, Arthur (2000) [1898]. "Computatio temporis.". A Dictionary of Words and Phrases Used in Ancient and Modern Law. Vol. 1. Beard Books. p. 191. ISBN   978-1-58798-066-4.
  4. Jencken, Henry D. (2020-04-15) [1870]. "Book the first – Origin and termination of rights. – Rights in the subjective sense.". A Compendium of the Modern Roman Law. Salzwasser Verlag. p. 80. ISBN   978-3-8460-4960-0. JSTOR   2189033.