Art. 855 Pleading special matters; capacity

When someone files a lawsuit, they don't have to spell out in the paperwork that they have the legal right to sue or be sued, or that they're allowed to act on behalf of someone else (like an executor for an estate). The same goes for companies or organizations named in the case. The law simply assumes all of this is true unless someone raises an objection.

If another party in the case thinks there's a problem, like the person suing doesn't actually have the right to bring the case, or a company named in the lawsuit doesn't really exist, they have to speak up. They do this by filing something called a dilatory exception. Until someone raises that objection, the court treats everyone's legal right to be part of the case as valid.

In short, this rule saves people from having to prove basic legal facts about themselves or others up front. It puts the burden on the other side to challenge those facts if they have a real reason to doubt them.