Action to set aside a judgment

This decision provides important insight into your property law. Here is what it changes for you.

The situation

An action to set aside a judgment of adjudication handed down following an immovable property seizure procedure, which does not seek the annulment of a contract: the Court of Appeal correctly held that Article 1304 of the Civil Code, in its version prior to Ordinance No. 2016-131 reforming the law of obligations, still in force in French Polynesia, is not applicable to this action and that it is subject to the thirty-year limitation period provided for in Article 2262 of the Civil Code, in its version prior to Law No. 2008-561 of 17 June 2008 on limitation periods, still applicable in that territory. In so ruling, the Court of Appeal does not infringe either the principle of legal certainty or the right to respect for property under Article 6, § 1, of the Convention for the Protection of Human Rights and Fundamental Freedoms and the First Additional Protocol thereto.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.