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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 XI: THE EXECUTION OF THE JUDGEMENT (Cann. 1650 - 1655)
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TITLE XI: THE EXECUTION OF THE JUDGEMENT (Cann. 1650 - 1655)

Can. 1650 §1 A judgement which becomes adjudged matter can be executed, without prejudice to the provision of can. 1647.

§2 The judge who delivered the judgement and, if there has been an appeal, the appeal judge, can either ex officio or at the request of a party order the provisional execution of a judgement which has not yet become an adjudged matter, adding if need be appropriate guarantees when it is a matter of provisions or payments concerning necessary support. They can also do so for some other just and urgent reason.

§3 If the judgement mentioned in §2 is challenged, the judge who must deal with the challenge can suspend the execution or subject it to a guarantee, if he sees that the challenge is probably well founded and that irreparable harm could result from execution.

Can. 1651 Execution cannot take place before there is issued the judge's executing decree directing that the judgement be executed. Depending on the nature of the case, this decree is to be either included in the judgement itself or issued separately.

Can. 1652 If the execution of the judgement requires a prior statement of reasons, this is to be treated as an incidental question, to be decided by the judge who gave the judgement which is to be executed.

Can. 1653 §1 Unless particular law provides otherwise, the Bishop of the diocese in which the first instance judgement was given must, either personally or through another, execute the judgement.

§2 If he refuses or neglects to do so, the execution of the judgement, at the request of an interested party or ex officio, belongs to the authority to which the appeal tribunal is subject in accordance with can. 1439 §3.

§3 Between religious, the execution of the judgement is the responsibility of the Superior who gave the judgement which is to be executed, or who delegated the judge.

Can. 1654 §1 The executor must execute the judgement according to the obvious sense of the words, unless in the judgement itself something is left to his discretion.

§2 He can deal with exceptions concerning the manner and the force of the execution, but not with the merits of the case. If he has ascertained from some other source that the judgement is null or manifestly unjust according to cann. 1620, 1622 and 1645, he is to refrain from executing the judgement, and is instead to refer the matter to the tribunal which delivered the judgement and to notify the parties.

Can. 1655 §1 In real actions, whenever it is decided that a thing belongs to the plaintiff, it is to be handed over to the plaintiff as soon as the matter has become an adjudged matter.

§2 In personal actions, when a guilty person is condemned to hand over a movable possession or to pay money, or to give or do something, the judge in the judgement itself, or the executor according to his discretion and prudence, is to assign a time limit for the fulfilment of the obligation. This time-limit is to be not less than fifteen days nor more than six months.




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