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Code of Canon Law

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  • BOOK VII : PROCESSES
    • PART II : THE CONTENTIOUS TRIAL
      • SECTION I: THE ORDINARY CONTENTIOUS TRIAL
        • TITLE II: THE JOINDER OF THE ISSUE (Cann. 1513 - 1516)
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TITLE II: THE JOINDER OF THE ISSUE (Cann. 1513 - 1516)

Can. 1513 §1 The joinder of the issue occurs when the terms of the controversy, as derived from the pleas and the replies of the parties, are determined by a decree of the judge.

§2 The pleas and the replies of the parties may be expressed not only in the petition introducing the suit, but also either in the response to the summons, or in statements made orally before the judge. In more difficult cases, however, the parties are to be convened by the judge, so as to agree the question or questions to which the judgement must respond.

§3 The decree of the judge is to be notified to the parties. Unless they have already agreed on the terms, they may within ten days have recourse to the same judge to request that the decree be altered. This question, however, is to be decided with maximum expedition by a decree of the judge.

Can. 1514 Once determined, the terms of the controversy cannot validly be altered except by a new decree, issued for a grave reason, at the request of the party, and after the other parties have been consulted and their observations considered.

Can. 1515 Once the joinder of the issue has occurred, the possessor of another's property ceases to be in good faith. If, therefore, the judgement is that he or she return the property, the possessor must return also any profits accruing from the date of the joinder, and must compensate for damages.

Can. 1516 Once the joinder of the issue has occurred, the judge is to prescribe an appropriate time within which the parties are to present and to complete the evidence.




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