Confirmation of the reversal of case law: the two-year period provided for in Article 1648 of the French Civil Code is a limitation period that can be suspended by an emergency expertise procedure
Source: www.courdecassation.fr
A buyer purchased a second-hand vehicle from a professional seller. After experiencing a breakdown three years later, she requested an expert appraisal before taking legal action on the basis of the warranty against hidden defects.
The court of appeal declared the action inadmissible, considering that the two-year period provided for in Article 1648 of the Civil Code constituted a foreclosure period that could not be suspended. It considered that the claim, filed more than two years after the appointment of the expert in an emergency expertise procedure, was late.
The Court of Cassation overturned the ruling, pointing out that the time limit in article 1648 is a limitation period that can be suspended in the event of investigative actions prior to any trial. It ruled that the expert report ordered in the summary proceedings suspended this time limit until the report was filed, making the action admissible. The case was referred back for a decision on the merits of the claim.
History
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