2882. A ground of defence that may be raised to defeat an action may still be invoked, even if the time for using it by way of a direct action has expired, provided such ground could have constituted a valid defence to an action at the time when it could have served as the basis of a direct action.
Acceptance of such a ground does not revive a direct action that is prescribed.
1991, c. 64, a. 2882; I.N. 2014-05-01.