Kernrechtsfrage
Whether the appeal was admissible despite the appellant's lack of capacity to sue and act in court.
Extrahierter Entscheid
No. Because the appellant was under guardianship and her legal representative refused to ratify the appeal, the court could not enter into the merits.
Extrahierte Begründung
The court examined admissibility ex officio under Art. 60 CPC. A party must have capacity to be a party and to litigate under Art. 59(2)(c) CPC. When an incapable person acts, the court must allow the legal representative time to ratify the act. Here, the Tuteur général refused ratification, and the appeal did not concern strictly personal rights under Art. 67(3)(a) CPC.