CIVIL ACTION.

Last Updated on Sunday, 22 May 2011 08:23 Written by Administrator Monday, 11 August 2008 04:22

CIVIL ACTION - TOPICS OF THE CIVIL ACTION.

A / APPLICANTS.

1) A party aggrieved by the offense = victim.
a) the individual.
Applicants must have interest in acting and it must have capacity. The injury must be present staff must touch the victim and a legitimate interest. The incapable person can bring civil actions.
b) a corporation.
May exercise the civil professional groups and associations.
=> A civil professional groups: trade unions may exercise the civil action to defend the collective interest of the profession.
=> For associations, the courts have recognized a more restricted the admissibility of the action from civil associations. It differs depending on whether the purpose of the association is interested or disinterested. These can still bring civil actions, the other must prove direct and personal injury.

2) such other persons as the victim.
a) creditors of the victim.
They can exercise the civil action for an offense that affect the heritage significance of their debtor if he fails to exercise it. They may not perform the civil action by a civil (civil courts).
b) the transferee.
The civil action may be a sale (art 1690 Civil Code). However, the transferee may not exercise the action before the civil court.
c) the third party subrogated to the rights of the victim.
These third parties have paid to the victim compensation covering the damage.
d) the heirs of the victim.
They can exercise the civil action on behalf of the victim but also as individuals.

B / defendants.

The civil action may be brought against the offender (perpetrator or accomplice) but also against the heirs of offender (before the civil court) against the party against civil liability of the offender against the administration.
The administration can not be held liable if the fault of the agent can not be separated from service, in which case the civil action must be brought before a civil court.

II - EXERCISE OF CIVIL ACTION.

The victim has a right of option is for the criminal court is in favor of the civil court.

1) Definition and removability of the option.
The right of option meets two basic conditions:
- The 2-way civil and law enforcement should be open;
- The criminal proceedings can not be selected if the damage originates elsewhere than in the offense.
The option is not binding if the victim first chose the criminal route. By cons, it is basically irrevocable if the victim has opted civil.

2) The option for the criminal proceedings.
a) the intervention.
Public action has been initiated by the prosecutor, the victim is a civil incident and that by a simple statement to the judge.
b) action.
The Crown did not trigger the prosecution, the victim may proceed
- Either by direct quotation when the offense is an infraction or a misdemeanor;
- Either by complaint with a civil action before the judge or against someone or against known unknown. The second way is possible crimes.
The victim must make a deposit to deposit the amount and timing are set by order of the judge. The civil party has two effects, it triggers public action and it gives the victim a party at trial.

3) The option for civil proceedings.
The trial before the civil court is under the control of the criminal trial ("The criminal is the civil status").
In this case, two rules apply:
- The stay the trial of civil proceedings;
- The authority of a final civil and criminal cases.
The civil court enters a civil action must stay the proceedings until the criminal court has rendered its decision. The authority over the civilian criminal res judicata: the civil court must respect the decision of the criminal, he can not get in conflict with the decision of the criminal.

III - TERMINATION OF THE CIVIL ACTION.

A / CAUSES OF EXTINCTION.
The civil action through the civil extinguished by:
- The transaction between the victim and the perpetrator;
- The waiver of the victim;
- The withdrawal;
- Res judicata.
If transaction, the Crown may initiate or stop the action if the public - has already been committed.

B / CIVIL ACTION SURVIVES CRIMINAL ACTION.
The civil action survives the termination of the policy upon the death of the offender, limitation of public action.
An Act of 23/12/80 has removed the rule of two prescription solidarity so now the civil action can be exercised before the civil court for 30 years.