Draft Common Frame of Reference:artikel I.—1.110

Draft Common Frame of Reference

I. — 1:110 Computation of time

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

(1)

The provisions of this Article apply in relation to the computation of time for any purpose under these rules.

(2)

Subject to the following provisions of this Article:

(a)

a period expressed in hours starts at the beginning of the first hour and ends with the expiry of the last hour of the period;

(b)

a period expressed in days starts at the beginning of the first hour of the first day and ends with the expiry of the last hour of the last day of the period;

(c)

a period expressed in weeks, months or years starts at the beginning of the first hour of the first day of the period, and ends with the expiry of the last hour of whichever day in the last week, month or year is the same day of the week, or falls on the same date, as the day from which the period runs; with the qualification that if, in a period expressed in months or in years, the day on which the period should expire does not occur in the last month, it ends with the expiry of the last hour of the last day of that month;

(d)

if a period includes part of a month, the month is considered to have thirty days for the purpose of calculating the length of the part.

(3)

Where a period is to be calculated from a specified event or action, then:

(a)

if the period is expressed in hours, the hour during which the event occurs or the action takes place is not considered to fall within the period in question; and

(b)

if the period is expressed in days, weeks, months or years, the day during which the event occurs or the action takes place is not considered to fall within the period in question.

(4)

Where a period is to be calculated from a specified time, then:

(a)

if the period is expressed in hours, the first hour of the period is considered to begin at the specified time; and

(b)

if the period is expressed in days, weeks, months or years, the day during which the specified time arrives is not considered to fall within the period in question.

(5)

The periods concerned include Saturdays, Sundays and public holidays, save where these are expressly excepted or where the periods are expressed in working days.

(6)

Where the last day of a period expressed otherwise than in hours is a Saturday, Sunday or public holiday at the place where a prescribed act is to be done, the period ends with the expiry of the last hour of the following working day. This provision does not apply to periods calculated retroactively from a given date or event.

(7)

Any period of two days or more is regarded as including at least two working days.

(8)

Where a person sends another person a document which sets a period of time within which the addressee has to reply or take other action but does not state when the period is to begin, then, in the absence of indications to the contrary, the period is calculated from the date stated as the date of the document or, if no date is stated, from the moment the document reaches the addressee.

(9)

In this Article:

(a)

‘public holiday’ with reference to a member state, or part of a member state, of the European Union means any day designated as such for that state or part in a list published in the official journal; and

(b)

‘working days’ means all days other than Saturdays, Sundays and public holidays.

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