Short answer. Four years — but the date it starts from depends on the defect. For intimidation, violence or undue influence it runs from when the pressure ceased; for mistake or fraud, from discovery; and for contracts entered into by minors or other incapacitated persons, from the time the guardianship ceases.

What the law says

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.

Civil Code, Article 1391 — Four Years to Annul. Read the full provision →

What the law says

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.

Civil Code, Article 1391 — Four Years to Annul. Read the full provision →

Four years, counted from an event and not from the signing

Article 1391 of the Civil Code fixes the period plainly — The action for annulment shall be brought within four years — and then does the more important work of saying when the four years start. It is almost never the date on the document. Each defect has its own trigger, and the reason is consistent: the law does not run a deadline against someone who was in no position to sue. A person still under threat, still unaware he was deceived, or still a minor cannot realistically go to court, so the clock waits for that condition to end.

The three starting points

Where consent was obtained by intimidation, violence or undue influence, time runs from the time the defect of the consent ceases — from when the pressure ended, which may be long after signing. Where the ground is mistake or fraud, it runs from the time of the discovery of the same, so a concealed misrepresentation does not start the period until it comes to light. Where a minor or other incapacitated person entered the contract, it runs from the time the guardianship ceases. Each of these is a question of fact, and each is worth pinning to a documented date early.

Ratification can end the right before the four years do

The deadline is not the only way to lose the remedy. Article 1392 provides that ratification extinguishes the action to annul, and Article 1393 recognises that ratification may be implied — where a person with the right to invoke the defect, knowing the reason for it and the defect having ceased, does something that necessarily implies an intention to waive it. Continuing to pay, taking further benefits or confirming the deal after the truth is known can therefore forfeit the claim well inside the four years. Once you know the ground exists, what you do next matters as much as when you file.

Annulment means giving back what you received

It is worth knowing the consequence before pursuing it. Article 1398 requires that on annulment the parties restore to each other the things which were the subject of the contract, with their fruits, and the price with its interest. Annulment is not a way to keep the benefit and shed the burden. Before filing, work out what you would have to return and whether that leaves you better off — and fix the starting date of your four years with something documentary, since that date is the first thing the other side will attack.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.