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.
A plea of inadmissibility is any ground which tends to have the opponent declared inadmissible in his claim, without examination of the merits, for lack of right to act, such as lack of standing, lack of interest, prescription, time limit, res judicata.
The pleas of inadmissibility may be proposed 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.
The pleas of inadmissibility must be upheld without the person invoking them having to justify a grievance and even if the inadmissibility does not result from any express provision.
A plea of inadmissibility must be raised of the court’s own motion where it is a matter of public policy, in particular where it arises from failure to comply with the time limits within which appeals must be lodged or from failure to open an appeal. The court may raise of its own motion a plea of inadmissibility based on lack of interest, lack of standing or res judicata.
Where the situation giving rise to the plea of inadmissibility is capable of being regularised, the inadmissibility will be set aside if its cause has disappeared by the time the judge rules. The same applies where, before any time limit, the person with standing becomes a party to the proceedings.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
