Chapter IV: Termination of proceedings.

Proceedings lapse when neither party takes any action for two years.

Peremption may be requested by any of the parties. It may be set up by way of exception against a party who performs an act after the expiry of the period of lapse.

It must, on pain of inadmissibility, be requested or opposed before any other plea; it is a matter of right. The judge may establish it of his own motion after inviting the parties to present their observations.

The lapse of time does not extinguish the action; it merely extinguishes the proceedings without any of the acts of the lapsed proceedings ever being set up against or relied upon.

The lapse of time on appeal or opposition confers on the judgment the force of res judicata, even if it has not been notified.

The limitation period runs against all natural persons or legal entities, even minors or protected adults, except their recourse against their legal representative or the person in charge of the legal protection measure.

Interruption of the proceedings entails interruption of the time limit. This time limit continues to run in the event of suspension of the proceedings unless the proceedings are suspended only for a time or until the occurrence of a specified event; in the latter cases, a new time limit runs from the expiry of that time or the occurrence of that event. A new time limit shall run from the…

The costs of the expired proceedings shall be borne by the person who brought the proceedings.