Deadlines for the action of definitive registration of a legal mortgage of artisans and entrepreneurs

Facts

The case concerns the question of whether the suspension of deadlines provided for in Art. 145 para. 1 CPC applies to the deadline set by the judge for the artisan/entrepreneur to bring the action for the definitive registration of the relevant legal mortgage.

The Federal Tribunal dismissed the appeal filed by A. SA against the cantonal judgment that had rejected its petition for tardiness, considering that the 60-day deadline was not suspended by virtue of Art. 145 para. 1 let. b CPC and that it did not appear to have been extended.

Considerations

The Federal Tribunal has ruled that the deadline for bringing the action for the definitive registration of a legal mortgage of artisans and entrepreneurs is of a substantive nature, as provided for in Art. 961 para. 3 CC, and is therefore not suspended by virtue of Art. 145 para. 1 CPC.

Although the deadline…