Article 2237 of the French Civil Code
November 6, 2023
It does not run or is suspended against the accepting heir up to the amount of the net assets, in respect of the claims he has against the succession.
It does not run or is suspended against the accepting heir up to the amount of the net assets, in respect of the claims he has against the succession.
The limitation period is suspended from the day on which, after a dispute has arisen, the parties agree to have recourse to mediation or conciliation or, in the absence of a written agreement, from the day of the first mediation or conciliation meeting. The limitation period is also suspended from the date of conclusion of a participatory procedure agreement or from the date of the debtor’s agreement recorded by the…
The statute of limitations is also suspended when the judge grants a request for an investigative measure submitted before any trial. The statute of limitations starts to run again, for a period of not less than six months, from the day on which the measure was executed.
Acknowledgement by the debtor of the right of the person against whom he was prescribing interrupts the prescription period.
A suit before a court, even in summary proceedings, interrupts the limitation period as well as the period of foreclosure. The same applies when it is brought before a court lacking jurisdiction or when the act of bringing the matter before the court is annulled by the effect of a procedural defect.
The interruption resulting from the court application produces its effects until the proceedings are extinguished.
The interruption is null and void if the claimant withdraws his claim or allows the proceedings to lapse, or if his claim is definitively rejected.
The limitation period or the period of foreclosure is also interrupted by a precautionary measure taken in application of the Code of Civil Enforcement Procedures or an act of forced execution.
The interpellation made to one of the joint and several debtors by an application to court or by an act of forced execution or the acknowledgement by the debtor of the right of the one against whom he was prescribing interrupts the prescription period against all the others, even against their heirs. On the other hand, a summons issued to one of the heirs of a joint and several debtor…
The interpellation made to the principal debtor or his acknowledgement interrupts the limitation period against the guarantor.
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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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