LAW OF 17 JUNE 2008 REFORMING THE PRESCRIPTION IN CIVIL MATTERS
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LAW OF 17 JUNE 2008 REFORMING THE PRESCRIPTION IN CIVIL MATTERS

REP. JUR. PRESCRIPTION

LAW n ° 2008-561 of June 17, 2008 reforming the prescription in civil matters (1)

NOR: JUSX0711031L

The National Assembly and the Senate have adopted,

The President of the Republic promulgates the law whose content follows:

 

  • CHAPTER I: EXTINCTIVE PRESCRIPTION AND ACQUISITIVE PRESCRIPTION

    Article 1

    I. – Articles 2270 and 2270-2 of the civil code become respectively articles 1792-4-1 and 1792-4-2 of the same code.
    II. – After article 1792-4 of the same code, an article 1792-4-3 is inserted as follows:
    “Art. 1792-4-3.-Apart from actions governed by articles 1792-3, 1792-4-1 and 1792-4-2, liability actions directed against the builders designated in articles 1792 and 1792-1 and their sub – contractors are prescribed by ten years from the reception of the works. ”
    III. – Subject to the provisions of article 2 of this law, Title XX of Book III of the same code reads as follows:

    “TITLE XX

     

    “OF THE EXTINCTIVE PRESCRIPTION

     

    “Chapter I

     

    ” General provisions

    “Art. 2219.-Extinctive prescription is a mode of extinction of a right resulting from the inaction of its holder for a certain period of time.
    “Art. 2220.-The foreclosure periods are not, except as otherwise provided by law, governed by this title.
    “Art. 2221.-Extinctive prescription is subject to the law governing the law it affects.
    “Art. 2222.-The law which extends the duration of a prescription or a foreclosure period has no effect on a prescription or an acquired foreclosure. It applies when the limitation period or the foreclosure period had not expired on the date of its entry into force. The time already elapsed is then taken into account.
    “In the event of a reduction in the duration of the limitation period or the foreclosure period, this new period shall run from the day of the entry into force of the new law, without the total duration being able to exceed the period provided for by law. earlier.
    “Art. 2223.-The provisions of this title do not preclude the application of the special rules provided for by other laws.

    “Chapter II

     

    “Time limits and the starting point of
    extinctive prescription

     

    “Section 1

     

    “The common law period and its starting point

    “Art. 2224.-Personal or movable actions are prescribed by five years from the day on which the holder of a right knew or should have known the facts allowing him to exercise it.

    “Section 2

     

    “From some particular time limits and starting points

    “Art. 2225.-Liability action directed against persons who have represented or assisted the parties in court, including for the loss or destruction of the documents entrusted to them, is prescribed by five years from the end of of their mission.
    “Art. 2226.-Liability action arising from an event resulting in bodily injury, initiated by the direct or indirect victim of the resulting damages, lapses ten years from the date of consolidation of the initial damage. or aggravated.
    “However, in the event of damage caused by torture or barbaric acts, or by violence or sexual assault committed against a minor, the civil liability action is prescribed by twenty years.
    “Art. 2227.-The right of property is imprescriptible. Subject to this reservation, real estate actions are prescribed by thirty years from the day on which the holder of a right knew or should have known the facts allowing him to exercise it.

    “Chapter III

     

    “During the extinctive prescription

     

    “Section 1

     

    ” General provisions

    “Art. 2228.-Prescription is counted by days, and not by hours.
    “Art. 2229.-It is acquired when the last day of the term is fulfilled.
    “Art. 2230.-The suspension of the prescription temporarily stops the course without erasing the time limit already run.
    “Art. 2231.-Interruption cancels the acquired limitation period. It starts a new period of the same duration as the old one.
    “Art. 2232.-The postponement of the starting point, the suspension or the interruption of the prescription cannot have the effect of extending the period of the extinctive prescription beyond twenty years from the day of the birth of the right.
    “The first paragraph is not applicable in the cases mentioned in articles 2226, 2227, 2233 and 2236, in the first paragraph of article 2241 and in article 2244. It does not apply either to actions relating to the state of persons.

    “Section 2

     

    “Causes of postponement of the starting point
    or suspension of prescription

    “Art. 2233.-Prescription does not run:
    “1 ° With regard to a claim which depends on a condition, until the condition occurs;
    “2 ° With regard to an action in guarantee, until the eviction takes place;
    “3 ° With regard to a term debt, until such term has arrived.
    “Art. 2234.-Prescription does not run or is suspended against a person who is unable to act as a result of an impediment resulting from the law, the convention or force majeure.
    “Art. 2235.-It does not run or is suspended against unemancipated minors and adults under guardianship, except for actions in payment or recovery of wages, annuity arrears, alimony, rents, rents, rental charges, interest on sums loaned and, generally, shares in payment of anything payable by years or at shorter periodic terms.
    “Art. 2236.-It does not run or is suspended between spouses, as well as between partners bound by a civil solidarity pact.
    “Art. 2237.-It does not run or is suspended against the heir accepting up to the amount of the net assets, in respect of the claims he has against the succession.
    “Art. 2238.-Prescription is suspended from the day on which, after the occurrence of a dispute, the parties agree to resort to mediation or conciliation or, in the absence of written agreement, from the day of the first meeting mediation or conciliation.
    “The limitation period begins to run again, for a period which may not be less than six months, from the date on which either one of the parties or both, or the mediator or the conciliator, declare that the mediation or the conciliation is over.
    “Art. 2239.-Prescription is also suspended when the judge grants a request for an investigative measure presented before any trial.
    “The limitation period begins to run again, for a period which may not be less than six months, from the day on which the measure was carried out.

    “Section 3

     

    “Causes of interruption of prescription

    “Art. 2240.-The recognition by the debtor of the right of the one against whom he prescribed interrupts the limitation period.
    “Art. 2241.-The legal action, even in summary proceedings, interrupts the limitation period as well as the foreclosure period.
    “It is the same when it is brought before an incompetent court or when the act of referral to the court is annulled by the effect of a procedural defect.
    “Art. 2242.-The interruption resulting from the legal action produces its effects until the end of the proceedings.
    “Art. 2243.-Interruption is void if the applicant withdraws his request or allows the proceedings to expire, or if his request is definitively rejected.
    “Art. 2244.-The limitation period or the foreclosure period is also interrupted by an act of enforcement.
    “Art. 2245.-The arrest made to one of the joint and several debtors by a legal action or by an act of enforcement or the recognition by the debtor of the right of the one against whom he prescribed interrupts the limitation period against all the others even against their heirs.
    “On the other hand, the arrest made to one of the heirs of a joint and several debtor or the recognition of this heir does not interrupt the limitation period with regard to the other co-heirs, even in the event of a mortgage claim, if the he obligation is divisible. This interpellation or this recognition only interrupts the limitation period, with regard to the other co-debtors, for the share for which this heir is liable.
    “To interrupt the limitation period for the whole, with regard to the other co-debtors, it is necessary to arrest all the heirs of the deceased debtor or the recognition of all these heirs.
    “Art. 2246.-The interpellation made to the principal debtor or its recognition interrupts the limitation period against the surety.

    “Chapter IV

     

    “Conditions of extinctive prescription

     

    “Section 1

     

    “From the invocation of prescription

    “Art. 2247.-The judges cannot replace ex officio the means resulting from the prescription.
    “Art. 2248.-Unless waived, the prescription can be opposed in any case, even before the court of appeal.
    “Art. 2249.-The payment made to extinguish a debt cannot be repeated on the sole ground that the limitation period had expired.

    “Section 2

     

    “From the waiver of prescription

    “Art. 2250.-Only an acquired prescription may be waived.
    “Art. 2251.-The waiver of prescription is express or tacit.
    “The tacit waiver results from circumstances establishing unequivocally the will not to invoke the limitation period.
    “Art. 2252.-A person who cannot exercise his rights by himself cannot waive the prescription acquired.
    “Art. 2253.-Creditors, or any other person having an interest in the prescription being acquired, may oppose it or invoke it even when the debtor waives it.

    “Section 3

     

    “From the conventional arrangement of the prescription

    “Art. 2254.-The period of limitation may be shortened or lengthened by agreement of the parties. However, it cannot be reduced to less than one year or extended to more than ten years.
    “The parties may also, by mutual agreement, add to the causes of suspension or interruption of the limitation period provided for by law.
    “The provisions of the two preceding paragraphs are not applicable to actions for payment or recovery of wages, annuity arrears, alimony, rents, rents, rental charges, interest on sums loaned and, generally, to actions in payment of everything which is payable by years or at shorter periodic terms. ”

    Article 2

    I.- Book III of the same code is supplemented by a title XXI entitled: “On possession and acquisitive prescription” and comprising:
    1 ° A chapter I entitled: “General provisions”, comprising articles 2228, 2230 and 2231 which become respectively articles 2255, 2256 and 2257;
    2 ° Chapter II entitled: “Acquisitive prescription”, comprising articles 2258 and 2259, followed by:
    a) Section 1 entitled: “Conditions of acquisitive prescription”, comprising articles 2226, 2229, 2232 to 2240 which become respectively articles 2260 to 2270, as well as article 2271;
    b) Of a section 2 entitled: “Acquisitive prescription in immovable matters”, comprising article 2272, as well as articles 2267 to 2269 which become respectively articles 2273 to 2275;
    c) And a section 3 entitled: “Acquisitive prescription in movable matters”, comprising articles 2279 and 2280 which become respectively articles 2276 and 2277;
    3 ° A chapter III entitled: “Of the possessory protection”, comprising articles 2282 and 2283 which become respectively articles 2278 and 2279.
    II.-The following articles, in the numbering resulting from I, are thus modified:
    1 ° Articles 2258 and 2259 are worded as follows:
    “Art. 2258.-Acquisitive prescription is a means of acquiring a good or a right by the effect of possession without the one who alleges it being obliged to bring back a title or that one can oppose to him the deduced exception bad faith.
    “Art. 2259.-Articles 2221 and 2222, and chapters III and IV of title XX of this book are applicable to acquisitive prescription, subject to the provisions of this chapter. “;
    2 ° In article 2260, the words: “the domain of things” are replaced by the words: “property or rights”;
    3 ° The second paragraph of article 2266 reads as follows:
    “Thus, the lessee, the depositary, the usufructuary and all others who precariously hold the property or the owner’s right cannot prescribe it. “;
    4 ° In article 2267, the words: “the thing” are replaced by the words: “the property or the right”;
    5 ° In article 2268, the references: “2236 and 2237” are replaced by the references: “2266 and 2267”;
    6 ° In article 2269, the words: “the farmers, depositaries and other precarious holders have transmitted the thing” are replaced by the words: “the tenants, depositaries, usufructuaries and other precarious holders have transmitted the property or the right” ;
    7 ° Articles 2271 and 2272 are worded as follows:
    “Art. 2271.-Acquisitive prescription is interrupted when the possessor of a property is deprived for more than a year of the enjoyment of this property either by the owner or even by a third party.
    “Art. 2272.-The limitation period required to acquire immovable property is thirty years.
    “However, anyone who acquires an immovable in good faith and with just cause prescribes ownership by ten years. “;
    8 ° In article 2273, the words: “and twenty” are deleted.

 

  • CHAPTER II: MISCELLANEOUS AND COORDINATION PROVISIONS

    Article 3

    In the last sentence of the first paragraph of article 924-4 and the last paragraph of article 2337 of the Civil Code , the reference: “2279” is replaced by the reference: “2276”.

    Article 4

    Title III of Book I of the Consumer Code is supplemented by Chapter VII as follows:

    “Chapter VII

     

    “Prescription

    “Art.L. 137-1.-Notwithstanding Article 2254 of the Civil Code , the parties to the contract between a professional and a consumer may not, even by mutual agreement, either modify the duration of the limitation period, or add to the causes of suspension or interruption thereof.
    “Art.L. 137-2.-The action of the professionals, for the goods or the services which they provide to the consumers, is prescribed by two years. ”

    Article 5

    In article L. 111-12 of the construction and housing code, the references: “1792-6 and 2270” are replaced by the references: “1792-4-1, 1792-5 and 1792-6 “.

    Article 6

    I. – After article L. 114-2 of the insurance code, an article L. 114-3 is inserted as follows:
    “Art. L. 114-3. – By way of derogation from Article 2254 of the Civil Code , the parties to the insurance contract may not, even by mutual agreement, modify the duration of the limitation period, nor add to the causes of suspension or interruption thereof. this. ”
    II. – After article L. 221-12 of the mutual insurance code, an article L. 221-12-1 is inserted as follows:
    “Art. L. 221-12-1. – By way of derogation from article 2254 of the civil code, the parties to an individual or collective transaction cannot, even by mutual agreement, modify the duration of the limitation period, nor add to the causes of its suspension or interruption. ”

    Article 7

    I. – At the end of article 181 of the civil code, the words: “or since the spouse has acquired his full freedom or that the error has been recognized by him” are deleted.
    II. – In article 184 of the same code, after the word: “attacked”, are inserted the words: “, within thirty years from its celebration,”.
    III. – In article 191 of the same code, after the word: “attacked”, are inserted the words: “, within thirty years from its celebration,”.

    Article 8

    I. – The law of 24 December 1897 relating to the recovery of costs due to notaries, solicitors and bailiffs is thus amended:
    1 ° Article 1 is thus amended:
    a) In the second paragraph, the words: “Articles 2272 and “Are replaced by the words:” the article “;
    b) The last paragraph is deleted;
    2 ° In Article 2, the word: “two” is replaced by the word: “five”.
    II. – After article 2 of ordinance n ° 45-2592 of 2 November 1945 relating to the statute of bailiffs, an article 2 bis is inserted as follows:
    “Art. 2a. – Liability action directed against bailiffs for the loss or destruction of documents entrusted to them in the execution of a commission or the service of an act is prescribed by two years. ”

    Article 9

    In the last paragraph of Article L. 321-17 of the Commercial Code, the word: “ten” is replaced by the word: “five”.

    Article 10 Learn more about this article …

    Article 6-3 of Law No. 71-498 of June 29, 1971 relating to judicial experts is repealed.

    Article 11

    In article 22 of law n ° 85-677 of July 5, 1985 aimed at improving the situation of victims of traffic accidents and speeding up compensation procedures, the reference: “2270- 1 “is replaced by the reference:” 2226 “.

    Article 12

    In the second paragraph of IV of article 9 of law n ° 86-1020 of 9 September 1986 on the fight against terrorism, the reference: “2270-1” is replaced by the reference: “2226”.

    Article 13

    The first paragraph of Article 10 of the Code of Criminal Procedure reads as follows:
    “When civil action is brought before a criminal court, it is prescribed according to the rules of public action. When it is exercised before a civil jurisdiction, it is prescribed according to the rules of the Civil Code . ”

    Article 14

    Title V of Book I of the Environmental Code is supplemented by Chapter II as follows:

    “Chapter II

     

    “Actions for reparation

    “Art. L. 152-1. – The financial obligations related to the repair of damage caused to the environment by the installations, works, works and activities governed by this code are prescribed by thirty years from the event giving rise to the damage. ”

    Article 15

    Article L. 110-4 of the Commercial Code is thus amended:
    1 ° In I, the word: “ten” is replaced by the word: “five”;
    2 ° At the end of III, the words: “in accordance with article 2277 of the civil code ” are deleted.

    Article 16

    I. – In the second paragraph of article L. 3243-3 of the labor code, the words: “of articles 2274 of the civil code and” are replaced by the words: “of the article”.
    II. – Article L. 3245-1 of the same code is worded as follows:
    “Art.L. 3245-1.-The action for payment or recovery of wages is prescribed by five years in accordance with article 2224 of the civil code . ”
    III. – After article L. 1134-4 of the same code, an article L. 1134-5 is inserted as follows:
    “Art.L. 1134-5.-An action for compensation for damage resulting from discrimination is prescribed by five years from the revelation of the discrimination.
    “This period is not susceptible to conventional adjustment.
    “The damages repair the entire prejudice resulting from the discrimination, throughout its duration. ”
    IV. – After article 7 of law n ° 83-634 of July 13, 1983 on the rights and obligations of civil servants, an article 7 bis is inserted as follows:
    “Art. 7 bis.-An action for compensation for damage resulting from discrimination is prescribed by five years from the revelation of the discrimination.
    “This period is not susceptible to conventional adjustment.
    “The damages repair the entire prejudice resulting from the discrimination, throughout its duration. ”

    Article 17

    At the end of 7 ° of Article L. 135-7 of the Social Security Code, the words: “at the end of the limitation period set by Article 2262 of the Civil Code ” are replaced by the words: “n ‘ having been the subject of no transaction or claim by the beneficiaries for thirty years. ”

    Article 18

    I. – In Article L. 211-19 and in the second paragraph of Article L. 422-3 of the Insurance Code, the reference: “2270-1” is replaced by the reference: “2226”.
    II. – In the second paragraph of article L. 243-2 of the same code, the reference: “2270” is replaced by the reference: “1792-4-1”.

    Article 19

    I. – In the first paragraph of article L. 111-24 and in the second paragraph of article L. 111-33 of the construction and housing code, the reference: “2270” is replaced by the reference: “1792-4-1”.
    II. – In the third paragraph of article L. 631-7-1 of the same code, the reference: “2262” is replaced by the reference: “2227”.

    Article 20

    I. – In Article L. 1126-7 of the Public Health Code, the reference: “2270-1” is replaced by the reference: “2226”.
    II. – Article L. 1142-28 of the same code is supplemented by a paragraph worded as follows:
    “These actions are not subject to the time limit mentioned in article 2232 of the civil code . ”

    Article 21

    After the reference: “L. 1”, the end of the first paragraph of article L. 2321-4 of the general code of the property of public persons reads as follows: “are prescribed by five years, regardless of their method of fixation “.

    Article 22

    At the end of the first paragraph of article L. 518-24 of the Monetary and Financial Code, the words: “by article 2244” are replaced by the words: “by articles 2241 and 2244”.

    Article 23

    After article 3 of law n ° 91-650 of July 9, 1991 reforming civil enforcement procedures, an article 3-1 is inserted as follows:
    “Art. 3-1.-The execution of the enforceable titles mentioned in 1 ° to 3 ° of Article 3 can only be continued for ten years, unless the actions for the recovery of the debts recorded therein are time-barred by a longer period. long.
    “The time limit mentioned in article 2232 of the civil code is not applicable in the case provided for in the first paragraph. ”

    Article 24

    In article 2503 of the Civil Code, the reference: “2283” is replaced by the reference: “2279”.

    Article 25 Find out more about this article …

    I. – This law, with the exception of II of its article 6 and of its articles 16, 17, 19 and 22, is applicable to Mayotte.
    II. – This law, with the exception of its article 6 and its articles 16 to 24, is applicable in New Caledonia.
    III. – This law, with the exception of II of its article 6 and of its articles 16 to 22, is applicable in the Wallis and Futuna Islands and in the French Southern and Antarctic Lands.
    IV. – Articles 7 and 26 of this law, as well as articles 2225 and 2235 to 2237 of the civil code, as they result from this law, are applicable in French Polynesia.
    V. – In the absence of adaptations provided for by this law, the references made by it to provisions which are not applicable to Mayotte, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon , in the Wallis and Futuna Islands, in French Polynesia, in New Caledonia and in the French Southern and Antarctic Lands are replaced by references to provisions having the same object applicable locally.
    VI. – The labor code applicable to Mayotte is thus amended:
    1 ° The second paragraph of Article L. 143-4 is deleted;
    2 ° Article L. 143-15 is worded as follows:
    “Art.L. 143-15.-Actions for payment or repayment of wages are prescribed by five years in accordance with article 2224 of the civil code . ”
    VII. – For its application in the Wallis and Futuna Islands and in the French Southern and Antarctic Lands, Law No.52-1322 of December 15, 1952 establishing a labor code in the territories and associated territories under the responsibility of the French ministry -mer is modified as follows:
    1 ° The second sentence of the last paragraph of article 101 is deleted;
    2 ° Article 106 is worded as follows:
    “Art. 106.-Actions for payment or repayment of wages are prescribed by five years in accordance with article 2224 of the civil code . ”
    VIII. – Title III of Book I of the Consumer Code is supplemented by Chapter VIII as follows:

    “Chapter VIII

     

    “Overseas provisions

    “Art.L. 138-1.-Articles L. 137-1 and L. 137-2 are applicable to Mayotte, the Wallis and Futuna Islands, New Caledonia and the French Southern and Antarctic Territories. ”
    IX. – The Insurance Code is amended as follows:
    1 ° Article L. 193-1 is supplemented by a paragraph worded as follows:
    “Article L. 114-3 is applicable to Mayotte. “;
    2 ° Article L. 194-1 is supplemented by a paragraph worded as follows:
    “Article L. 114-3 is applicable in the Wallis and Futuna Islands. ”

    Article 26 Find out more about this article …

    I. – The provisions of this law which extend the duration of a limitation period apply when the limitation period had not expired on the date of its entry into force. The time already elapsed is then taken into account.
    II. – The provisions of this law which reduce the duration of the prescription apply to prescriptions from the date of entry into force of this law, without the total duration being able to exceed the duration provided for by the previous law.
    III. – When proceedings have been instituted before the entry into force of this law, the action is continued and judged in accordance with the old law. This law also applies in appeal and cassation.
    This law will be executed as state law.

Done in Paris, June 17, 2008.

Nicolas sarkozy

By the President of the Republic:

The Prime Minister,

François Fillon

The Minister of the Interior,

Overseas Territories and Local Authorities,

Michèle Alliot-Marie

The Keeper of the Seals, Minister of Justice,

Rachida Dati

The Secretary of State in

charge of Overseas -mer,

Yves Jégo

(1) Preparatory work: law n ° 2008-561.

Senate:

Bill n ° 432 (2006-2007);

Report by Mr. Laurent Béteille, on behalf of the Law Commission, n ° 83 (2007-2008);

Discussion and adoption on November 21, 2007 (TA n ° 24).

National Assembly:

Bill, adopted by the Senate, n ° 433;

Report by Mr. Emile Blessig, on behalf of the Law Commission, n ° 847;

Discussion and adoption on May 6, 2008 (TA n ° 138).

Senate:

Bill, modified by the National Assembly, n ° 323 (2007-2008);

Report by Mr. Laurent Béteille, on behalf of the Law Commission, n ° 358 (2007-2008);

Discussion and adoption on June 5, 2008 (TA n ° 104).

TagType = “REFERENCE” Nature_Texte = “Proposal” Identifier_Texte = “432”> Proposal for law n ° 432 (2006-2007);

Report by Mr. Laurent Béteille, on behalf of the Law Commission, n ° 83 (2007-2008);

Discussion and adoption on November 21, 2007 (TA n ° 24).

National Assembly:

Bill, adopted by the Senate, n ° 433;

Report by Mr. Emile Blessig, on behalf of the Law Commission, n ° 847;

Discussion and adoption on May 6, 2008 (TA n ° 138).

Senate:

Bill, modified by the National Assembly, n ° 323 (2007-2008);

Report by Mr. Laurent Béteille, on behalf of the Law Commission, n ° 358 (2007-2008);

Discussion and adoption on June 5, 2008 (TA n ° 104).

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