Donation-sharing, how long will it take to request cancelation?

A couple makes a donation-sharing to his four children. The first two each receive a house for them to pay a cash payment (i.e. a sum of money to compensate for the inequality) to the other two, who receive a plot of land on their side. After the death of the parents, one of the sons, citing the undervaluation of these plots, raises the nullity of the notarial act. For him, an undervaluation of almost half could not escape his brother and sister both farmers and knowing full well the value of those plots they were exploiting.

The Court of Appeal dismissed his application as late. For her, the starting point of the action for a declaration of invalidity is the day of the act of gift-sharing.

The Court of Cassation does not share this view. The starting point of the invalidity action may start on the day on which the party has discovered a concealed fact.

For the Court of Cassation in the event of dol, i.e. in the case of fraudulent maneuvers, the starting point of the limitation period may vary.