TERM. - It is a point in time from which the effects of a juridical transaction (v.) begin to occur (dies a quo) or at which they cease (dies ad quem). The term is, together with the condition (v.) and the mode (v.), one of the accidental (typical) elements of a juridical transaction.
It is distinguished from the condition because it refers to a date or to a certain event, whereas uncertainty is characteristic of the condition. In relation to this, one who pays before an obligation subject to a condition has come into being may obtain restitution of what he has paid, because he was not obligated to pay; this is not so for one who pays before the term, since the obligation is complete (save for the possibility of obtaining interest from the moment of payment to the expiration of the term). Consequently, given the certainty of the term, 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 term, whereas in the last two there is a condition.
The term may be attached to any transaction, except for actus legitimi and for 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 be imposed 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 term is said to be essential when the performance is due on a determined day, so that a subsequent performance can no longer take place (cf. art. 1457 of the Italian Civil Code: non-observance of the term produces by law the rescission of the contract).
In procedural terminology, term indicates the period of time within which or after which a determined procedural activity must or may be carried out.
Bibliography
Rodolfo Danieli