Chương VIII Bộ luật Dân sự 2005: Thời hạn

Chapter VIII

TIME LIMITS

Article 149.- Time limit

1. A time limit is a period of time determined from one point of time to another point of time.

2. A time limit may be determined by the minute, hour, day, week, month, year or by an event which may occur.

Article 150.- Application of the method of calculating a time limit

1. The method of calculating a time limit shall comply with the provisions of this Code, unless otherwise agreed upon or provided for by law.

2. Time limits shall be calculated according to the solar calendar.

Article 151.- Provisions on time limits and the point of time for calculating a time limit

1. In cases where the parties have agreed that the time limit shall be one year, half a year, a month, half a month, a week, a day, an hour or a minute and where the lengths of time do not take place consecutively, such time limit shall be calculated as follows:

a/ One year means 365 days;

b/ Half a year means six months;

c/ One month means 30 days;

d/ Half a month means 15 days;

e/ One week means 7 days;

f/ One day means 24 hours;

g/ One hour means 60 minutes;

h) One minute means 60 seconds.

2. In cases where the parties have agreed on the point of time to be at the beginning of a month, the middle of a month, or the end of a month, such point of time shall be defined as follows:

a/ The beginning of a month is the first day of the month;

b/ The middle of a month is the 15th day of the month;

c/ The end of a month is the last day of the month.

3. In cases where the parties have agreed on the point of time to be at the beginning of a year, the middle of a year, or the end of a year, such point of time shall be defined as follows:

a/ The beginning of a year is the first day of January;

b/ The middle of a year is the last day of June;

c/ The end of a year is the last day of December.

Article 152.- The point of time at which a time limit commences

1. When a time limit is determined by the minute or hour, such time limit shall begin from the pre-determined point of time.

2. When a time limit is determined by the day, week, month or year, the time limit must not be counted from the first day but shall be counted from the day following the determined date.

3. When a time limit begins from the occurrence of an event, the day on which the event occurs shall not be counted, and the time limit shall be counted from the day following the date of occurrence of the event.

Article 153.- The end of a time limit

1. When a time limit is calculated by the day, the time limit shall end at the moment which ends the last day of the time limit.

2. When a time limit is calculated by the week, the time limit shall end at the moment which ends the corresponding day of the last week of the time limit.

3. When a time limit is calculated by the month, the time limit shall end at the point of time which ends the corresponding day of the last month of the time limit; if the month in which the time limit ends does not have a corresponding day, the time limit shall end on the last day of such month.

4. When a time limit is calculated by the year, the time limit shall end at the moment which ends the corresponding day and month of the last year of the time limit.

5. When the last day of a time limit falls on a weekend or a public holiday, the time limit shall end at the moment which ends the working day following such holiday.

6. The point of time which ends the last day of a time limit shall be at exactly twelve o’clock at night on that day.