The right to act as justice is, for the applicant, the right to be heard on the bottom of its request. For the defendant, it is the right to discuss the founded good of this claim.
The legal action is the object of a subjective Droit independent of the right which it possibly tends to implement, whose exercise can constitute an abuse. However, this concept of legal action is to be differentiated from the substantial right of which it allows the legal sanction. Without forgetting that one should not either confuse the right to act of the action at law.
If this right does not exist, the action is inadmissible.
The admissibility of the legal action is subordinated to the presence the Intérêt to act (“not of interest not of action” the proverb says), and to that of the Qualité to act.
The legal action is a Fundamental freedom for each individual. It causes to create a bond of authority between the two parts with the litigation.
Right to the judge
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