Lesion in French civil law

In French Right, the lesion is the Préjudice which tests a part in a Contrat or in a Partage. In private law the lesion is important defect of equivalence between the services of the parts at the time of the conclusion of the contract. It is a financial imbalance between the services.

The lesion, which relates to only the sales of buildings, the sale of manure, the transfer of the royalties and the sale of agricultural produce and fishing in crisis situation of the economic situation. The lesion is not possible apart from these cases. She appreciates herself only at the time of the contract signature. Only the salesman can prevail himself about it. He has a 2 years deadline to act. The lesion is distinguished from the ridiculous price, because this one is equivalent has an absence of price. It cannot relate to the aleatory contracts.

The rule is posed by the article of the Civil code French and the time to act is 2 years.

The action in rescison for lesion is also possible against a successional division in the event of lesion moreover of the quarter (articles 887 and following of the civil code). The time to act is then 5 years as from the division. However, this time is brought back to 2 years by article 8 of the law n° 2006-728 of the bearing June 23rd, 2006 reforms successions and liberalities . The implementing rule in the time of this reform is the following one: " provisions are applicable, as of the coming into effect of this law, with the existing joint possessions and the opened successions not yet shared with this date" (article 47 II of the aforesaid the law).

Related articles

External bond

  • Definition of the legal lexicon of Juritravail

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