Can a minor be sued or sued?
NRW Justice: Admissibility of a lawsuit
A lawsuit before the administrative court is successful if it is admissible and well founded. The administrative court therefore examines a claim in two steps: First of all, it must examine ex officio - i.e. without the parties to the dispute addressing this question - whether the claim is admissible, i.e. whether the requirements for a decision on the matter are met. If this is not the case, the court must dismiss the action as inadmissible or, if the plaintiff has taken the wrong legal process, refer the matter to the competent court with the correct legal course (e.g. to a social court). The court may only deal with the content of the claim if the prerequisites for a decision on the matter are met. Depending on the result of this examination, the complaint will be granted in whole or in part or it will be rejected in whole or in part.
The administrative court examines some prerequisites for a substantive decision independently of the type of action applicable to the plaintiff's request, while others are related to the type of action.
In which cases is legal recourse to the administrative courts open?
First of all, there is the question of whether the Legal recourse to the administrative courts given is. This is the case if the lawsuit raises a public law dispute that is not of a constitutional nature and for which there are no special legal assignments to other courts (Section 40 VwGO).
This is to ensure that the activities of the administrative courts do not overlap with the tasks of the other branches of the courts (tasks of the administrative judiciary).
Can a minor bring an action?
In addition, the administrative court examines whether the plaintiff and defendant as well as other parties involved in the legal dispute are capable and capable of taking legal action (§ 61 VwGO Klage § 62 VwGO).
For example, minors generally lack the Process capability, that is, they are usually not able to take legally effective procedural acts without a legal representative, that is, to bring a lawsuit, to make applications, etc. In rarer cases, the Participation One of the parties involved may be doubtful, i.e. the ability to participate in the proceedings as the bearer of their own procedural rights and obligations (parties involved in the administrative process).
Next, the administrative court must examine whether the plaintiff is in favor of his request Need for legal protection can assert; Although this check must be carried out for every lawsuit pending before a court, there are particularities with individual types of action. Above all - but not only - for the action for avoidance and obligation are finally special admissibility requirements to investigate, namely the question of whether before bringing an action Preliminary proceedings is necessary and whether a Term of action must be adhered to.
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