Cour de cassation - 12.01.1994
Case- Case number
- Pourvoi n° 92-16.337
- Country
- France
- Case Description
Limitation period for an action brought by a Bulgarian citizen of the Israelite faith in respect of his life insurance policy (Prescription d’une action intenté par un citoyen bulgare de confession israélite pour sa police d'assurance-vie) – A Bulgarian citizen of the Jewish faith, took out a life insurance policy in Sofia in 1938; this policy was confiscated by a Bulgarian antisemitic law of 1942 – Court of Appeal declared the action brought by the Bulgarian citizen inadmissible as time-barred - Court of Cassation confirms the decision of the Court of Appeal and said that since 1945, it had been possible for the Bulgarian citizen, who then had normal access to sources of information, to contact a Bulgarian lawyer in order to obtain knowledge of the legal situation of his policy. In the light of these statements, from which it follows that the Bulgarian citizen's ignorance of the fault committed by his insurer in the aftermath of the war did not result from a case of force majeure capable of suspending the course of the thirty-year limitation period, the judgment is legally justified.
Art. 2251 Code civil.
- Name of Court
- Cour de cassation
- Date of decision
- Jan 12, 1994
- Subjects
- Compensation
- Type of Court
- Supreme Court
- Area of Law
- Civil Law
- Year
- 1994
- Generated ID
- YXN9071-1440
- Geolocation
Latitude: 48.855133056640625
Longitude: 2.345714807510376
- Geolocation
- Existing
- Link
- legifrance