期刊名称：Collected Papers of the Law Faculty of the University of Rijeka
印刷版ISSN：1330-349X
电子版ISSN：1846-8314
出版年度：2015
卷号：36
期号：1
页码：423-434
语种：Croatian
出版社：Pravni fakultet Sveučilišta u Rijeci
摘要：This paper is an analysis of a common fallacy in parts of jurisprudence argumentation connected with the qualification of the time limits for initiating proceedings (legal nature) and applicable rules for their calculation. In some cases, from the premise which can be (in principle) considered true (the time limit for initiating a proceeding is not procedural in its nature), and from the premise that for those time limits which are not procedural in their nature, the rule of the Croatian Civil Procedure Act (Art. 112.4.) that they expire on the first following working day, cannot be applied (in case the last day of the time limit falls on a non-working day) – it is concluded that the substantive time limit in equal case does not expire on the first following working day. Since there are special rules that refer to the substantive time limits, which provide that these time limits expire also on the first following working day - this is an argumentative error called “denying the antecedent”.
关键词：time limits for initiating a procedure; argumentative error; denying the antecedent.
