Hidden defects: confirmation of the suspension of the limitation period during the expert appraisal
Published on :
10/04/2025
10
April
Apr
04
2025
Source: www.courdecassation.fr
The purchasers sued the seller of an apartment for rescission of the sale on the grounds of hidden defects after discovering water infiltration.
An amicable expert report was filed in April 2018, followed by summary proceedings in September 2018, then a judicial expertise proceeding in December 2018, the report of which was issued in June 2021. The buyers then brought proceedings on the merits in November 2021.
The Court of Appeal declared their action inadmissible, considering that the two-year limitation period had started to run again from the summary judgment decision of December 2018 and had expired in December 2020.
The Court of Cassation overturned the ruling. It pointed out that the two-year time limit provided for in Article 1648 of the Civil Code is a limitation period that can be suspended under Article 2239. In this case, this period had been interrupted by the summary proceedings, then suspended during the judicial expertise proceeding, and had only started to run again from the date of the report, i.e. 1st June 2021. The summons to the court on the merits of 4th November 2021 was therefore admissible.
History
-
Hidden defects: confirmation of the suspension of the limitation period during the expert appraisal
Published on : 10/04/2025 10 April Apr 04 2025Actualités
Source: www.courdecassation.fr The purchasers sued the seller of an apartm...
-
Car wash and construction defect: ten-year warranty excluded for professional equipment
Published on : 03/04/2025 03 April Apr 04 2025Actualités
Source: www.courdecassation.fr A company operating a car wash entrusted a... -
Photovoltaic panel fire: the Court of Cassation confirms warranty exclusions under Dutch law
Published on : 18/02/2025 18 February Feb 02 2025Actualités
A company sponsoring a photovoltaic project entrusted the installation of sol... -
Contractual and tort liability: the limits of the project owner's direct action in tort in the face of contractual prescription?
Published on : 16/01/2025 16 January Jan 01 2025ActualitésPublications
While the project owner can sue builders under contract and, in the alternati... -
Defective photovoltaic panels: what are the limits for warranties for companies in liquidation?
Published on : 07/01/2025 07 January Jan 01 2025ActualitésPublications
The question of insurance cover raises complex issues, particularly in terms... -
Sub-contracting in maritime transport: quasi-delictual action excluded
Published on : 03/01/2025 03 January Jan 01 2025ActualitésPublications
In the field of maritime transport, Article L. 5422-19 of the French Transpor...