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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 III: THE TRIAL OF THE ISSUE (Cann. 1517 - 1525)
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TITLE III: THE TRIAL OF THE ISSUE (Cann. 1517 - 1525)

Can. 1517 The trial of the issue is initiated by the summons. It is concluded not only by the pronouncement of the definitive judgement, but also by other means determined by law.

Can. 1518 If a litigant dies, or undergoes a change in status, or ceases from the office in virtue of which he or she was acting:

if the case has not yet been concluded, the trial is suspended until the heir of the deceased, or the successor, or a person whose interest is involved, resumes the suit

if the case has been concluded, the judge must proceed to theremaining steps of the case, having first summoned the procurator, if there is one, or else the heir or the successor of the deceased.

Can. 1519 §1 If the guardian or the curator or the procurator required in accordance with can. 1481 §§1 and 3, ceases from office, the trial is suspended for the time being.

§2 However, the judge is to appoint another guardian or curator as soon as possible. He can appoint a procurator ad litem if the party has neglected to do so within the brief time prescribed by the judge himself.

Can. 1520 If over a period of six months, no procedural act is performed by the parties, and they have not been impeded from doing so, the trial is abated. Particular law may prescribe other time limits for abatement.

Can. 1521 Abatement takes effect by virtue of the law itself, and it is effective against everyone, even minors and those equivalent to minors; moreover, it must be declared even ex officio. This, however, is without prejudice to the right to claim compensation against those guardians, curators, administrators and procurators who have not proved that they were without fault.

Can. 1522 Abatement extinguishes the acts of the process, but not the acts of the case. The acts of the case may indeed be employed in another instance, provided the case is between the same persons and about the same matter. As far as those outside the case are concerned, however these acts have no standing other than as documents.

Can. 1523 When a trial has been abated, the litigants are to bear the expenses which each has incurred.

Can. 1524 §1 The plaintiff may renounce a trial at any stage or at any grade. Likewise, both the plaintiff and the respondent may renounce the acts of the process either in whole or only in part.

§2 To renounce the trial of an issue, guardians and administrators of juridical persons must have the advice or the consent of those whose agreement is required to conduct negotiations which exceed the limits of ordinary administration.

§3 To be valid, a renunciation must be in writing, and must be signed either by the party, or by a procurator who has been given a special mandate for this purpose; it must be communicated to the other party, who must accept or at least not oppose it; and it must be admitted by the judge.

Can. 1525 Once a renunciation has been admitted by the judge, it has the same effects for the acts which have been renounced as has an abatement of the trial. Likewise, it obliges the person renouncing to pay the expenses of those acts which have been renounced.




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