Interest to act

In French right

The legal action is subjected to the conditions of interest and Qualité to act.

The need for the litigant for justifying of an interest is attested by the proverbs “No interest, not of action” and “the interest is the measurement of the actions”.

The Doctrines and the Jurisprudence release the following criteria to define the interest to act:

positive and concrete interest : the interest is positive and concrete if it is sufficient to authorize the litigant to seize the jurisdiction. It can be difficult to determine if the interest of the litigant is sufficient to authorize it to seize the jurisdiction in particular when this one with a moral connotation.
legal interest and legitimates : the interest is legal and legitimate if it is protected by the legislation. The stop of July 25th, 1995, court of Belfort, illustrates the question of the legitimacy of the interest. In fact it was a question of slicing the right to compensate it by the insurance of the concubine lesbian because of died for the other.
interest born and current : the interest born and current exists when the legal action is formed. However if the interest were born and current for a future situation one can implement an legal action in futurum (article 145 NCPC, to also see the denunciation of new work and the action in checking of writings).

In addition, the interest to act must be direct and personal, as attests some null proverb the “does not plead by prosecutor”. However the law allows associations and the trade unions to act for the shared interests of the group represented. When association defends a great cause it will have to conform to the requirements of minimum duration, of declaration of public interest and D `enabling (see the Criminal procedure code).

Random links: