Nullity Of Acts For Substantive Irregularities

 CODE OF CIVIL PROCEDURE

Sub-section II: Nullity of acts for substantive irregularity

Article 117

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.

Article 118

   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.

Article 119

 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.

Article 120

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.

Article 121

 In cases where it is likely to be covered, the nullity will not be pronounced if its cause has disappeared when the judge rules.