French Law
0 Comments Published by Brendan on Wednesday, October 01, 2008 at Wednesday, October 01, 2008.
French Law - New time-limitations in French civil matters
The standard legal time-limit, which until now was 30 years, has been reduced to 5 years pursuant to the French Time Limitations Act of 17 June 2008.
Accordingly, personal civil actions or legal actions relating to movables are now becoming barred after five years.
Liability claims directed against individuals who represented or assisted the parties in court (advocates) are time-barred within five too (Article 2255 of the Civil Code). In business matters, article L 110-4 remains unchanged and the time-limit is reduced to 5 years instead of 10. Legal Actions regarding real estate are barred after 30 years from the day the holder of a right knew, or should have known, the event(s) allowing him to exercise his or her right. The limitation period required to acquire property through simple possession remains 30 years, but whoever acquires in good faith and holds a valid Title acquires property after 10 years only new Article 2272 of the Civil Code). Liability arising from an event which led to an injury, e.g. RTA, shall be time-barred 10 years after the date the victim’s injuries are stabilised. Where the victim’s injuries are worsening, such time-limit does not start until the day the victim’s worsening has fully stabilised.
Author: Fabien Cordiez, French lawyer and UK solicitorhttp://www.solicitor.fr
The standard legal time-limit, which until now was 30 years, has been reduced to 5 years pursuant to the French Time Limitations Act of 17 June 2008.
Accordingly, personal civil actions or legal actions relating to movables are now becoming barred after five years.
Liability claims directed against individuals who represented or assisted the parties in court (advocates) are time-barred within five too (Article 2255 of the Civil Code). In business matters, article L 110-4 remains unchanged and the time-limit is reduced to 5 years instead of 10. Legal Actions regarding real estate are barred after 30 years from the day the holder of a right knew, or should have known, the event(s) allowing him to exercise his or her right. The limitation period required to acquire property through simple possession remains 30 years, but whoever acquires in good faith and holds a valid Title acquires property after 10 years only new Article 2272 of the Civil Code). Liability arising from an event which led to an injury, e.g. RTA, shall be time-barred 10 years after the date the victim’s injuries are stabilised. Where the victim’s injuries are worsening, such time-limit does not start until the day the victim’s worsening has fully stabilised.
Author: Fabien Cordiez, French lawyer and UK solicitorhttp://www.solicitor.fr
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