词条 | Reasonable time |
释义 |
This phrase is a U.S. legal term that has been a topic of controversy for many years. It is generally used in reference to performing an action or remitting payment, but this is a very vague term which causes litigation problems in many court cases. Uniform Commercial Code section 2-206(2) requires that acceptance of an offer be made within a "reasonable time" if no time is specified: Where the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.[2] European Union law refers in the Charter of Fundamental Rights of the European Union to:
Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union (Article 41)
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law (Article 47).[3] In 1998 the European Court of Justice reduced the fine imposed on German business Baustahlgewebe for breach of the EU competition rules. In 1989 the European Commission had adopted a determination that 14 producers of welded steel mesh had engaged in unlawful restrictions of competition.[4] Baustahlgewebe appealed against the decision on 20 October 1989 but the Court of First Instance did not rule on the case until 6 April 1995, five years and six months later. The Court of Justice held that the case had not been determined within a reasonable time and reduced the ECU 3 million fine by ECU 50,000 (a reduction of 1.67%).[5] References1. ^Farlex, Inc., Free legal dictionary definition, accessed 16 April 2017 2. ^[https://www.law.cornell.edu/ucc/2/2-206 Legal Information Institute, UCC 2-20692): Offer and Acceptance in Formation of Contract], accessed 16 April 2017 3. ^European Parliament, Council and Commission, Charter of Fundamental Rights of the European Union, 26 October 2012 4. ^European Commission, Decision 89/15/EEC, 2 August 1989 5. ^European Court of Justice, Press Release 81/98, The Court of Justice applies "reasonable time" rule and reduces fine imposed on company, 17 December 1998 External sources
1 : American legal terminology |
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