Civil Code Art. 1391: Four-year period to annul a voidable contract (1949)

The provision

ARTICLE 1391. The action for annulment shall be brought within four years.

This period shall begin:

In cases of intimidation, violence or undue influence, from the time the defect of the consent ceases.

In case of mistake or fraud, from the time of the discovery of the same.

And when the action refers to contracts entered into by minors or other incapacitated persons, from the time the guardianship ceases. (1301a)

Related provisions

Civil Code Art. 1191 — Rescission of reciprocal obligations
Civil Code Art. 1305 — Definition of a contract
Civil Code Art. 1315 — Contracts are perfected by mere consent
Civil Code Art. 1390 — Voidable contracts
Civil Code Art. 1403 — Unenforceable contracts; the Statute of Frauds
Civil Code Art. 1409 — Void or inexistent contracts

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