Limitation of Actions Consultation - Law Commission

10.135 Ordinary contractual obligations persist only in respect of hidden damage not
covered by the guarantees. This could be either minor faults not affecting the
solidity of the works or their suitability for what they were intended, or work which
falls outside the classification of construction, such as renovation. The courts have
held that the ten-year period applies to these obligations. 442
The starting point
again appears to be acceptance. 443
In contrast, liability for any apparent damage is
automatically eliminated by acceptance (unless the right to sue in respect of it has
been reserved).
(3) Actions in Tort
10.136 Most claims analogous to tort claims in common law jurisdictions 444
are statute
barred ten years after the damage in question becomes apparent. 445
However,
certain actions are classified differently, such as defamation actions against the
press, which have a prescription period of two months. 446
(4) Interruption and Suspension
10.137 Interruption stops prescription completely. Time begins to run again from zero
once the interruption ceases. This rule applies not only to extinctive prescription
but also to fixed time limits. In relation to a debt, interruption occurs when the
creditor attempts to exercise his or her rights in law against the debtor. This is
considered to have occurred once the citation en justice (roughly equivalent to a
valid writ) has been served. 447
10.138 Interruption also occurs if the debtor acknowledges the creditor’s rights. 448
Acknowledgement can be tacit; it has been held to include paying interest on a
debt 449
and requesting a period of grace 450
or a rebate. 451
10.139 Suspension halts but does not restart the operation of prescription. Time
recommences running from the point where it stopped once the suspension
ends. 452
Suspension does not apply to pre-fixed delays. 453
The Code lays down that
442 Art 2270, c civ. Note that these limits do not apply in the case of dol (ie, roughly, fraud),
which means that the 30 year period will apply. J-Cl Civil, arts 2260 - 2264, nº 29.
443 Cass Civ 3e 11 juin 1981.
444 Responsabilité extra-contractuelle.
445 Art 2270-1, c civ.
446 Art 85, L29 juill 1881. See Les Obligations, nº 1385-6.
447 Art 2244 c civ, et seq. Cf J-Cl Civil, arts 2242 - 2250, nº 31.
448 Art 2248 c civ.
449 Cass req 7 juill 1910, S 1911, 1, 103.
450 CA Montpellier 15 mai 1872, DP 1874, 2, 165.
451 Cass Ass plén, 27 juin 1969, JCP 1969, II, 16029.
452 Suspension operates on the principle of Contra non valentem agere non currit praecipio: see
para 10.131 above.
453 Cass 2me civ 12 mai 1955, préc, motifs; Cass soc, 5 mai 1977, Bull civ V, nº 303. There are,
however, exceptions to this. see Les Obligations, nº 1395, and n 6.
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