CODE OF CIVIL PROCEDURE
Sub-section II: Nullity of acts for substantive irregularity
The following constitute substantive irregularities affecting the validity of the act:
Lack of capacity to sue;
The lack of power of a party or of a person appearing at the trial as representative either of a legal person or of a person suffering from an incapacity to exercise;
The lack of capacity or power of a person ensuring the representation of a party in court.
Exceptions of nullity based on non-observance of the substantive rules relating to procedural acts may be proposed in any event, except for the possibility for the judge to order damages to those who abstain, with dilatory intent. , to lift them earlier.
Exceptions of nullity based on non-observance of the substantive rules relating to procedural acts must be accepted without the person invoking them having to justify a complaint and even though the nullity would not result from any express provision.
Exceptions of nullity based on non-observance of the substantive rules relating to procedural acts must be raised ex officio when they are of a public policy nature.
The judge can automatically raise the nullity for lack of capacity to sue.
In cases where it is likely to be covered, the nullity will not be pronounced if its cause has disappeared when the judge rules.