Sub-section II: Invalidity of acts for substantive irregularity.

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.