Chapter IV: Of Rescissory Actions and Restitution in Integrum

§ 1. If someone, moved by grave fear unjustly inflicted, or circumvented by fraud, has placed an act or entered a contract which is not null by the law itself, he can, once fear or fraud has been proved, obtain the rescission of the act or contract by the action which is called rescissory.

§ 2. By the same action, within a two-year period, one can use it who has suffered grave lesion beyond half from error in a contract.

This action can be instituted:

1° Against him who brought in the fear or perpetrated the fraud, although he carried out such things not for his own advantage but for the advantage of another.

2° Against any possessor, whether of bad faith or even of good faith, who possesses things extorted by fear or fraud, with the right of recourse saved against anyone up to the author himself of the fear or fraud.

If the one who brought in the fear or perpetrated the fraud urges the execution of the act or contract, the exception of fear or fraud belongs to the injured or deceived party.

§ 1. To minors or those enjoying the right of minors who have been gravely injured, and to their heirs and successors, for repairing the lesion from a valid but rescindable business or act, besides other ordinary remedies, there is available the extraordinary remedy of restitution in integrum.

§ 2. This benefit is granted also to those of major age whom a rescissory action or another ordinary remedy fails, provided they have proved that a just cause is present and that the lesion is not to be imputed to themselves.

§ 1. Restitution in integrum must be sought from the ordinary judge who is competent with respect to the one against whom it is sought, within four years to be computed from attained majority, if there is question of minors; from the day the lesion was made and the impediment ceased, if there is question of those of major age or of moral persons.

§ 2. To minors or those enjoying the right of minors, restitution can be granted by the judge even from office, the promoter of justice having been heard or at his instance.

Restitution in integrum effects this, that all things are recalled to their former state, that is, restored to the state in which they were before the lesion, with the rights saved which others in good faith acquired before the restitution was sought.