Extract
[...] The judge may raise ex officio the nullity for lack of capacity to be a party in court. In this case, Mr. Moriarty being only 14 years old, is therefore considered a minor. Consequently, he does not have the capacity to be a party in court, and no exception can be granted to him for the present case. Thus, his action is tainted with a lack of capacity, constituting a substantive irregularity affecting the validity of the act, which could be declared null by the judge who may raise it ex officio due to its public order character. [...]
[...] After the first phase of presentation: The present consultation is issued to in the context of the case opposing Mr . You will deal directly with the problems. Legal Consultation The present consultation is issued to Mr. Sherlock, owner of a house in Nice, who is the defendant in the case opposing him to Mr. Moriarty plaintiff in the case opposing his aforementioned neighbor. The aforementioned dispute is of a civil nature, as it concerns two physical persons in the context of a neighborhood conflict. [...]
[...] Moriarty (son)'s request. This final refusal can be raised in any case, that is to say at any time during the procedure without it being necessary to justify any grievance to the judge in accordance with Article 124 of the Civil Procedure Code. II. L'intérêt à agir The nuisance caused by a neighbor is part of a common action, that is to say it is an ordinary court action, there is no need for specific qualification to act (having the status of spouse for divorces, or the case of paternity search for example). [...]
[...] Moriarty's son, plaintiff In the first place, it is necessary to question the capacity to sue in justice of Mr. Moriarty (son). Indeed, every individual at birth has subjective rights allowing them to dispose of prerogatives in their relations with others (property right, freedom of expression, etc.). However, some individuals, notably minors, are deprived of an incapacity, called protection, which prevents them from having a legal capacity to exercise, article 388 of the Civil Code. The jurisprudence has already established the incapacity of a minor to sue in justice, as confirmed by a decision of the Council of State, 1st and 6th subsections combined, 30/12/ where the judges stated: « [?] Considering that an unemancipated minor does not, in principle, have the capacity to act in justice; that a request that is not introduced by a person authorized to represent them is, as a result, inadmissible; [ . [...]
[...] Redress of Moral Damage - Legal Consultation Statement MORIARTY owns a house in Nice. He has as a neighbor SHERLOCK who, passionate about botany, has a thriving and lush garden. However, SHERLOCK's garden is not to MORIARTY's taste, who only likes concrete and particularly dislikes his neighbor. With each new planting by SHERLOCK, MORIARTY becomes enraged. And he checks with obsessive zeal the respect of the regulations on tree planting distances on private property. On October SHERLOCK planted a magnificent Japanese cedar. [...]
