Civil Code, Art. 1391

Statute

Civil Code

Article

Art. 1391

Topic

Four-year period to annul a voidable contract

Year

1949

The provision

Key points

Article 1391 sets the prescriptive period for annulling a voidable contract: the action must be brought within four years.

The provision also fixes when the four years begin to run, and the starting point depends on the defect: for intimidation, violence, or undue influence, from the time the defect of consent ceases; for mistake or fraud, from the time of discovery; and for contracts entered into by minors or other incapacitated persons, from the time the guardianship ceases. It is read with Article 1390, which identifies which contracts are voidable, and with the rules on ratification.

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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