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
-
Hidden defects: The start of the period for recourse claims is set at the time of compensation, not at the time of discovery of the defect
Published on : 17/07/2025 17 July Jul 07 2025Publications
Source : www.courdecassation.fr Cour de cassation, civile, Chambre civile 3,... -
Suspension of prescription: this only benefits the person requesting the expertise appraisal
Published on : 01/07/2025 01 July Jul 07 2025Publications
Source : www.courdecassation.fr Cour de cassation, civile, Chambre civile 3,... -
Construction damage warranty: acceptance of the warranty binds the insurer, even for defects not covered by the ten-year warranty
Published on : 17/06/2025 17 June Jun 06 2025Publications
Source: www.legifrance.gouv.fr The owners of a villa entrusted its constru... -
Vote on the DDADUE law: towards a unified regime for class actions
Published on : 17/06/2025 17 June Jun 06 2025Publications
We are delighted to present the new article ‘Vote on the DDADUE law: towards... -
Photovoltaics: a defect in an integrated connection box entitles the purchaser to compensation under product liability law
Published on : 16/06/2025 16 June Jun 06 2025Publications
Source: www.courdecassation.fr A property owner had hired a company to ins... -
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
Published on : 14/03/2025 14 March Mar 03 2025Publications
Source: www.courdecassation.fr A buyer purchased a second-hand vehicle fro...