the Sejm term of office

  • Calculation of Time Limits Resulting from the Constitution of the Republic of Poland from April 2, 1997 (Selected Issues)

    Author: Robert Orłowski
    E-mail: robert.orlowski@poczta.umcs.lublin.pl
    Institution: Maria Curie-Skłodowska University in Lublin
    ORCID: https://orcid.org/0000-0001-8692-8739
    Year of publication: 2019
    Source: Show
    Pages: 315-328
    DOI Address: https://doi.org/10.15804/ppk.2019.06.23
    PDF: ppk/52/ppk5223.pdf

    Time limits are a normative approach to time, the passing of time is then a legal event (an element of a legal event). The provisions of the 1997 Constitution repeatedly use different types of time limits, but do not indicate how they are calculated. It seems that the time limits specified in days, months and years should be calculated according to computatio civilis, thus taking into account certain conventional rules. Such a time limit ends at the end of the last day of the time limit, but usually starts at the beginning of the day following the day the event, with which the legal provision relates the beginning of the time limit, occurred. Time limits determined using shorter time units (e.g. in hours) should be calculated according to computatio naturalis, i.e. strictly from one moment to another. Such conclusions can be reached using various methods of interpretation, but the most appropriate seems to be the use of analogy from the law.

Wiadomość do:

 

 

© 2017 Adam Marszałek Publishing House. All rights reserved.

Projekt i wykonanie Pollyart