The perpetual plea of nullity: the time limit under Article 1427 of the French Civil Code does not bar a spouse from pleading the nullity of an unsigned boundary survey report

This decision provides important insight into your family and property rights. Here is what it means for you.

The situation

As the plea of nullity is perpetual, the time limit set by Article 1427, paragraph 2, of the French Civil Code for bringing an action for nullity against a boundary survey report (procès-verbal de bornage) not signed by one spouse cannot prevent that spouse from raising, by way of defence to a court claim, a plea based on the nullity of a deed irregularly executed by the other spouse

What the law says

This decision reaffirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for bringing a challenge
• Keep all your supporting documents (title deeds, legal instruments, correspondence)
• Plan ahead: preventive legal advice is always less costly than litigation

For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.