The nullity of procedural acts may be invoked as and when they are performed; but it is covered if the person invoking it has, subsequent to the act criticised, put forward defences on the merits or opposed a plea of inadmissibility without raising the nullity.
All pleas of nullity against procedural acts that have already been performed must be raised simultaneously, failing which those that have not been raised will be inadmissible.
No procedural act may be declared null and void on the grounds of a defect in form unless its nullity is expressly provided for by law, except in the case of failure to observe a substantial formality or a formality of public policy. Invalidity may only be declared if the adversary who invokes it proves the prejudice caused to him by the irregularity, even when it concerns a substantial formality…
The nullity is covered by the subsequent regularisation of the deed if no foreclosure has occurred and if the regularisation leaves no grievance remaining.
The penalty for failure to observe a procedural formality prior to the hearing shall be subject to the rules laid down in this sub-section.
The following constitute substantive irregularities affecting the validity of the deed: Lack of capacity to bring legal proceedings; Lack of authority of a party or a person appearing in the proceedings as the representative either of a legal person or of a person who is incapacitated; The lack of capacity or authority of a person providing legal representation for a party.
Pleas of nullity based on failure to comply with the substantive rules relating to pleadings may be raised in any event, unless otherwise provided and except for the possibility that the judge may order those who have refrained, with dilatory intent, from raising them earlier to pay damages. .
Objections to nullity based on failure to comply with the substantive rules relating to procedural documents must be upheld without the person invoking them having to justify a grievance and even though the nullity would not result from any express provision.
Objections to nullity based on failure to comply with the substantive rules relating to procedural documents must be raised ex officio where they are of public policy. The judge may raise ex officio nullity for lack of capacity to sue.
In cases where it is likely to be covered, nullity will not be pronounced if its cause has disappeared by the time the judge rules.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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