Atlas · Governance
The decay period to request the annulment of a legal transaction is generally four years
AnswerThe decay period to request the annulment of a legal transaction is generally four years, per Article 178 of the Civil Code.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Reason / Hypothesis | Start date of the period | Decay period | Source | Data date |
|---|---|---|---|---|
| Duress | From the day it ceases | Four years | Law 10.406/2002, art. 178, I | 10/01/2002 |
| Error, fraud, creditor fraud, state of danger or injury | From the day the legal transaction was performed | Four years | Law 10.406/2002, art. 178, II | 10/01/2002 |
| Acts of incapacitated persons | From the day the incapacity ceases | Four years | Law 10.406/2002, art. 178, III | 10/01/2002 |
Data consulted on 02/10/2026.
Basis
- Law No. 10.406/2002 (Planalto, in Portuguese): Article 178 establishes that the decay period for requesting the annulment of a legal transaction is four years, counted according to items I, II, and III.
How it applies
The general decay rule for the annulment of a legal transaction applies based on the defect or condition of the agent. The calculation of the four-year period begins on the day the duress ceases, the day the transaction was performed (for error, fraud, creditor fraud, state of danger, or injury), or the day the incapacity ceases (for acts by incapacitated persons).
Limits
- The card covers exclusively the general rule and the hypotheses expressed in Article 178 of the Civil Code.
- Other specific periods provided by legislation for different annulments are not addressed.
- Subsequent changes must be verified in the official Planalto source.