|Processes » The Contentious Trial » The Ordinary Contentious Trial » Res Iudicata and Restitutio in Integrum » Res iudicata|
|Canon 1641.||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.
|Canon 1642.||§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.
|Canon 1643.||Cases concerning the status of persons never become an adjudged matter, not excepting cases which concern the separation of spouses.|
|Canon 1644.||§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.
|Processes » The Contentious Trial » The Ordinary Contentious Trial » Res Iudicata and Restitutio in Integrum » Restitutio in integrum|
|Canon 1645.||§1 Against a judgement which has become an adjudged matter there can be a total reinstatement, provided it is clearly established that the judgement was unjust.
§2 Injustice is not, however, considered clearly established unless:
1° the judgement is so based on evidence which is subsequently shown to be false, that without this evidence the dispositive part of the judgement could not be sustained;
2° documents are subsequently discovered by which new facts demanding a contrary decision are undoubtedly proven;
3° the judgement was given through the deceit of one party to the harm of the other;
4° a provision of a law which was not merely procedural was evidently neglected;
5° the judgement runs counter to a preceding decision which has become an adjudged matter.
|Canon 1646.||§1 Total reinstatement based on the reasons mentioned in can. 1645 §2, nn. 1-3, is to be requested from the judge who delivered the judgement within three months from the day on which these reasons became known.
§2 Total reinstatement based on the reasons mentioned in can. 1645 §2, nn. 4 and 5, is to be requested from the appeal tribunal within three months of notification of the publication of the judgement. In the case mentioned in can. 1645 §2, n. 5, if the preceding decision is not known until later, the time-limit begins at the time the knowledge was obtained.
§3 The time-limits mentioned above do not apply for as long as the aggrieved party is a minor.
|Canon 1647.||§1 A plea for total reinstatement suspends the execution of a judgements which has not yet begun.
§2 If there are probable indications leading the judge to suspect that the plea was made to cause delays in execution, he may decide that the judgement be executed.
The person seeking total reinstatement is, however, to be given suitable guarantees that, if it is granted, he or she will be indemnified.
|Canon 1648.||Where total reinstatement is granted, the judge must pronounce judgement of the merits of the case.|
Page generated in 0.0021 seconds.
Website code © 2020 (MIT License). Version 2.7.2 FAQ