Article 328. Absolute nullity of a juridical act

(1) Absolute nullity of a juridical act may be claimed both by way of a legal action and by way of a defence, by any person who has an arisen and actual interest. A court is under a duty to find it out of its own motion after having heard the views of the participants to the proceeding.
(2) Absolute nullity cannot be cured by confirmation by the parties to the void juridical act or their successors.
(3) Both the legal action to find absolute nullity and a defence of absolute nullity are not barred by limitation periods.  Notwithstanding, legal actions for enforcement of the effects of absolute nullity under Article 331 are subject to a limitation period of 10 years, regardless if such an action is lodged together with the action to find absolute nullity or subsequently to its the admission of such a legal action.