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Code of Canon Law

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  • BOOK VII : PROCESSES
    • PART I : TRIALS IN GENERAL (Cann. 1400 - 1403)
        • TITLE V: ACTIONS AND EXCEPTIONS (Cann. 1491 - 1500)
          • CHAPTER I : ACTIONS AND EXCEPTIONS IN GENERAL
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TITLE V: ACTIONS AND EXCEPTIONS (Cann. 1491 - 1500)

CHAPTER I : ACTIONS AND EXCEPTIONS IN GENERAL

Can. 1491 Every right is reinforced not only by an action, unless otherwise expressly provided, but also by an exception.

Can. 1492 §1 Every action is extinguished by prescription in accordance with the law, or in any other lawful way, with the exception of actions bearing on personal status, which are never extinguished.

§2 Without prejudice to the provision of can. 1462, an exception is always possible, and is of its nature perpetual.

Can. 1493 A plaintiff can bring several exceptions simultaneously against another person, concerning either the same matter or different matters, provided they are not in conflict with one another, and do not go beyond the competence of the tribunal that has been approached.

Can. 1494 §1 A respondent can institute a counter action against a plaintiff before the same judge and in the same trial, either by reason of the case's connection with the principal action, or with a view to removing or mitigating the plaintiff's plea.

§2 A counter action to a counter action is not admitted.

Can. 1495 The counter action is to be proposed to the judge before whom the original action was initiated, even though he has been delegated for one case only, or is otherwise relatively non-competent.




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