Per il computo dei termini a mesi o ad anni, si osserva il calendario comune. I giorni festivi si computano nel termine. Se il giorno di scadenza è festivo, la scadenza è prorogata di diritto al primo giorno seguente non festivo. […] 10 22. The same rules are followed even in the case of time limits for prescription, regarding which greater normative care is normally taken not to extend them, according to Article 2,963 of the Italian Civil Code, in the sense that, in the case of a time limit that expires on a nonworking day, it should be postponed to the following working day. 23. Consequently, the general rule is applicable to any type and periodicity of time limit, whether hour, day, month or year. Some differences exist as regards the calculation of the initial day of the period, whether the date on which notification is received or the following day, but not as regards the day of expiry. We should underscore the legal opinion on the calculation of the time periods in months or years: “if the day of expiry is a holiday, the expiry is legally extended to the next working day.” 24. Another example that supports this argument is that the domestic law of the State where the application originated, Brazil, follows the same rules. The systematization adopted by the Brazilian Code of Civil Procedure is present in its Article 184, § 1º, 11 which states: “It shall be deemed that the time limit is extended until the first working day, if the time limit expires on a holiday.” 25. Randomly, to confirm the legal certainty of this system of calculation, we take a rapid glance at the domestic law of another country, which follows as an example: The Peruvian Civil Code: Article 183. Rules for calculating time limits The time is calculated according to the Gregorian calendar, pursuant to the following rules: 1. The period indicated by days is calculated by natural days, unless the law or a legal act establishes that it should be calculated by working days. 2. The period indicated by months expires in the month of expiry and on the day of this month corresponding to the date of the initial month. If that day is lacking in the month of expiry, the period expires on the last day of the said month. 3. The period indicated in years is governed by the rules established in subparagraph 2. 4. The period excludes the first day and includes the day on which it expires. 5. The period whose last day is non-working, shall expire on the first subsequent working day. [Bold added] 26. In addition, the rule interpreted in theory is in the interests of all jurisdictional parties before this Court – including the States – and results from the understanding that the procedure, while relevant, is merely the instrument for applying the law. 27. The settlement punish the in defense 10 procedural time limits merely contribute to ensuring that there is no delay in of the litigation. Accepting the expiry of a time period on a non-working day would party that exercised a reasonable interpretation of the Court’s Rules of Procedure, of an extremely short, indeed insignificant, span of time for the course of the Free translation : Article 155 (Calculation of time limits) When calculating periods in hours or days, the initial hour or day are excluded. To calculate the periods in months or years, the ordinary calendar is used. Holidays are calculated within the period. If the day of expiry is a holiday, the expiry is legally extended until the first subsequent working day. [...] 11 “Art. 184. Unless there is a provision to the contrary, time periods shall be calculated excluding the initial day and including the day of expiry. § 1º. The period shall be deemed extended until the first working day if the expiry falls on a holiday or on a day on which: I. The court will be closed; II. The legal file was closed before the usual time.”

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos