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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 IX: ADJUDGED MATTER AND TOTAL REINSTATEMENT  (Cann. 1641 - 1648)
          • CHAPTER I : ADJUDGED MATTER
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TITLE IX: ADJUDGED MATTER AND TOTAL REINSTATEMENT  (Cann. 1641 - 1648)

CHAPTER I : ADJUDGED MATTER

Can. 1641 Without prejudice to can. 1643, an adjudged matter occurs when:

there are two conforming judgements between the same parties about the same matter and on the same grounds;

no appeal was made against the judgement within the canonical time-limit;

the trial has been abated or renounced in the appeal grade;

a definitive judgement has been given from which, in accordance with can. 1629, there is no appeal.

Can. 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.

Can. 1643 Cases concerning the status of persons never become an adjudged matter, not excepting cases which concern the separation of spouses.

Can. 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.




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