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French Consumer Law

Failure to comply with the time-limit of article 1648 of the Civil Code by the buyer results in the time-barring of the action. . In view of the severity of the penalty, the buyer's failure is strictly assessed.
1)  Date of the summons
The lateness of the action for latent defects with regard to the time-limit laid down by Article 1648 of the Civil Code is assessed in relation to the date on which …

Time-barring of the action

Failure to comply with the time-limit of article 1648 of the Civil Code by the buyer results in the time-barring of the action. . In view of the severity of the penalty, the buyer's failure is strictly assessed.

The lateness of the action for latent defects with regard to the time-limit laid down by Article 1648 of the Civil Code is assessed in relation to the date on which the buyer summons his seller. As such, the fact that the buyer only indicated the basis of his action at the stage of the summary conclusions is irrelevant .

Article 480 of the Code of Civil Procedure stipulates that the judgment which decides on the rejection of a claim, has, upon its pronouncement, the authority of res judicata in relation to the dispute it purports to settle. This provision necessarily applies to the dismissal based on non-compliance with the short time-limit of Article 1648 of the Civil Code. Thus, the court cannot overturn a decision declaring the action for latent defects admissible when, in the absence of an appeal, the judgment has become final .

The plea based on the expiry of the short time-limit for bringing an action for latent defects is not a matter of public policy: it cannot be raised by the court ex officio  or raised for the first time before the Court of Cassation .

In accordance with the rules of evidence in civil matters, it is incumbent on the person who opposes the short period of Article 1648 of the Civil Code to justify it and not on the buyer to establish the date on which he became aware of the defect . 

 Cass. 1re civ., 28 May 2004, LawLex201400000724JBJ.

 Cass. 1re civ., 9 December 2004, LawLex200500003850JBJ.

 Cass. com., 4 March 2003, LawLex200300003421JBJ.

 Cass. 1re civ., 12 December 2000, LawLex200400003633JBJ, overturning on this point CA Lyon, 11 September 1998, LawLex200500005512JBJ; 6 November 2002, LawLex200400003616JBJ; 28 October 2010, LawLex201200001429JBJ.

 Cass. 1re civ., 5 December 1995, LawLex200500003843JBJ.

 Cass. 3e civ., 9 February 2011, LawLex201200001508JBJ; 20 January 2015, LawLex201600000232JBJ.

French Consumer Law

635. Time-barring of the action

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Les notions juridiques connexes

635. Time-barring of the action

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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