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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 II : ACTIONS AND EXCEPTIONS INPARTICULAR
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CHAPTER II : ACTIONS AND EXCEPTIONS INPARTICULAR

Can. 1496 §1 A person who advances arguments, which are at least probable, to support a right to something held by another, and to indicate an imminent danger of loss of the object unless it is handed over for safekeeping, has a right to obtain from the judge the sequestration of the object in question.

§2 In similar circumstances, a person can obtain a restraint on another person's exercise of a right.

Can. 1497 §1 The sequestration of an object is also allowed for the security of a loan, provided there is sufficient evidence of the creditor's right.

§2 Sequestration can also extend to the assets of a debtor which, on whatever title, are in the keeping of others, as well as to the loans of the debtor.

Can. 1498 The sequestration of an object, and restraint on the exercise of a right, can in no way be decreed if the loss which is feared can be otherwise repaired, and a suitable guarantee is given that it will be repaired.

Can. 1499 The judge who grants the sequestration of an object, or the restraint on the exercise of a right, can first impose on the person to whom the grant is made an undertaking to repay any loss if the right is not proven.

Can. 1500 In matters concerning the nature and effect of an action for possession, the provisions of the civil law of the place where the thing to be possessed is situated, are to be observed.




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