Canon Text
Canon 1408.Anyone can be brought to trial before the tribunal of domicile or quasi-domicile.
Canon 1409.§1 A person who has not even a quasi-domicile has a forum in the place of actual residence.

§2 A person whose domicile, quasi-domicile or place of actual residence is unknown, can be brought to trial in the forum of the plaintiff, provided no other lawful forum is available.
Canon 1410.Competence by reason of subject matter means that a party can be brought to trial before the tribunal of the place where the subject matter of the litigation is located, whenever the action concerns that subject matter directly, or when it is an action for the recovery of possession.
Canon 1411.§1 Competence by reason of contract means that a party can be brought to trial before the tribunal of the place in which the contract was made or must be fulfilled, unless the parties mutually agree to choose another tribunal.

§2 If the case concerns obligations which arise from some other title, the party can be brought to trial before the tribunal of the place in which the obligation arose or in which it is to be fulfilled.
Canon 1412.A person accused in a penal case can, even though absent, be brought to trial before the tribunal of the place in which the offence was committed.
Canon 1413.A party can be brought to trial:

1° in cases concerning administration, before the tribunal of the place in which the administration was exercised;

2° in cases concerning inheritances or pious legacies, before the tribunal of the last domicile or quasi-domicile or residence of the person whose inheritance or pious legacy is at issue, in accordance with the norms of can. 1408-1409. If, however, only the execution of the legacy is involved, the ordinary norms of competence are to be followed.
Canon 1414.Competence by reason of connection means that cases which are inter-connected can be heard by one and the same tribunal and in the same process, unless this is prevented by a provision of the law.

Page generated in 0.0034 seconds.

Website code © 2020 (MIT License). Version 2.7.2 FAQ
Scroll to top