Article 2247 of the French Civil Code
November 6, 2023
Judges may not, of their own motion, substitute the plea resulting from prescription.
Judges may not, of their own motion, substitute the plea resulting from prescription.
Unless waived, the statute of limitations may be asserted in any case, even before the Court of Appeal.
A payment made to extinguish a debt cannot be repeated solely on the grounds that the limitation period had expired.
Only an acquired prescription is subject to renunciation.
Waiver of the statute of limitations is express or tacit. Tacit waiver results from circumstances unequivocally establishing the will not to avail oneself of the statute of limitations.
A person who is unable to exercise his rights himself cannot waive the acquired prescription on his own.
Creditors, or any other person with an interest in prescription being acquired, may set it up against or invoke it even when the debtor waives it.
The duration of prescription may be shortened or extended by agreement of the parties. It may not, however, 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 shall not apply to actions for payment or…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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