|Processes » The Contentious Trial » The Ordinary Contentious Trial » Res Iudicata and Restitutio in Integrum » Res iudicata
|Without prejudice to can. 1643, an adjudged matter occurs when:
1° there are two conforming judgements between the same parties about the same matter and on the same grounds;
2° no appeal was made against the judgement within the canonical time-limit;
3° the trial has been abated or renounced in the appeal grade;
4° a definitive judgement has been given from which, in accordance with can. 1629, there is no appeal.
|§1 An adjudged matter has the force of law and cannot be challenged directly, except in accordance with can. 1645 §1.
§2 It has the effect of law between the parties; it gives the right to an action arising from the judgement and to an exception of an adjudged matter; to prevent a new introduction of the same case, the judge can even declare such an exception ex officio.
|Cases concerning the status of persons never become an adjudged matter, not excepting cases which concern the separation of spouses.
|§1 If two conforming sentences have been given in cases concerning the status of persons, recourse to a tribunal of appeal can be made at any time, to be supported by new and serious evidence or arguments which are to be submitted within a peremptory time-limit of thirty days from the time the challenge was made.
Within one month of receiving the new evidence and arguments, the appeal tribunal must declare by a decree whether or not a new presentation of the case is to be admitted.
§2 Recourse to a higher tribunal to obtain a new presentation of the case does not suspend the execution of the judgement, unless the law provides otherwise or the appeal tribunal orders a suspension in accordance with can. 1650 §3.
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