TERMINE. — It is a point in time from which the effects of a juridical act (v.) begin to occur (dies a quo), or at which they cease (dies ad quem). The t. is, condition (v.) and the modus (v.), one of the accidental (typical) elements of the juridical act.
It is distinguished from the condition because it refers to a certain date or event, whereas uncertainty is characteristic of the condition. Accordingly, anyone who pays before an obligation subject to a condition has come into existence may obtain restitution of what was paid, since he was not bound to make the payment; this does not apply to one who pays before the t., since the obligation is perfected (without prejudice to the possibility of obtaining interest from the time of payment until the t. falls due). Consistently with the certainty of the t., in the classification made by the schools—dies certus an et quando, certus an incertus quando, incertus an certus quando, incertus an et quando—only in the first two cases is there a t., whereas in the last two there is a condition.
The t. may be attached to any juridical act, except in the case of the actus legitim and in particular cases established by law. It may be established in favor of both contracting parties or of one of them; when, however, it does not appear to have been established in favor of the creditor or of both contracting parties, it is presumed to be in favor of the debtor (cf. art. 1184 of the Italian Civil Code).
The t. is said to be essential when performance is due on a specified day, so that subsequent performance can no longer take place (cf. art. 1457 of the Italian Civil Code: failure to observe the t. produces the dissolution of the contract by operation of law).
In procedural terminology, t. denotes the period of time within which or after which a particular procedural activity must or may be performed.