Decennial Liability Of Construction Companies

A possible evolution in Monaco ?

The interruptive effect of summary procedure ("référé") on the ten-year limitation period with regard to construction companies's liability is long-established in France, since Act No. 85-677 of 5 July 1985, known as the "Badinter" Act, and codified in Article 2241 of the French Civil Code consolidating the former position of the Cour de Cassation.

While articles 2062 and 2065 of the Monegasque Civil Code recognise the interruptive effect of a legal claim, an order, a protective measure or an enforcement measure, they do not expressly specify whether this is the case for a summary procedure. The question thus arise of the transferability in Monaco of the interruption of the limitation period rule, adopted initially by the French courts, then codified for the first time in the former article 2444 of the French Civil Code by adding to the other causes of interruption (summons to court, order or seizure) the summary procedure.