ABSTRACT

Some of the means of defending a ‘legal position’, that is, any situation where an individual may assert a right or interest of any kind, are covered by the civil code and collected in Book VI and rather imprecisely labelled ‘protection of rights’. There are many different provisions to be found in the various Books devoted to the protection of claims that an individual may present in the contexts of: the person and the family (for example, the rules on injunctive relief, Art 10 civil code, on actions against directors of associations, Art 22, and on actions to claim, repudiate or dispute legitimacy, Arts 244ff); succession (for example, an estate petition, Art 533 civil code); property (for example, an action in defence of property, Arts 948ff, and for possession, Arts 1168ff); obligations (for example, actions for avoidance and nullity, discharge and rescission of contracts, and so on); and employment (actions for administrators’ liability, to take one example).