TITLE I:
THE COMPETENT FORUM (Cann. 1404 - 1416)
Can.
1404 The First See is judged by no one.
Can.
1405 §1 In the cases mentioned in can. 1401, the Roman Pontiff alone has the
right to judge:
1° Heads of
State;
2°
Cardinals;
3° Legates
of the Apostolic See and, in penal cases, Bishops
4° other
cases which he has reserved to himself.
§2 A judge
cannot review an act or instrument which the RomanPontiff has specifically
confirmed, except by his prior mandate.
§3 It is
reserved to the Roman Rota to judge:
1° Bishops
in contentious cases, without prejudice to can. 1419 §2;
2° the
Abbot primate or the Abbot superior of a monastic congregation, and the supreme
Moderator of a religious institute of pontifical right;
3° dioceses
and other ecclesiastical persons, physical or juridical, which have no Superior
other than the Roman Pontiff.
Can.
1406 §1 If the provision of can. 1404 is violated, the acts and decisions are
invalid.
§2 In the
cases mentioned in can. 1405, the non-competence of other judges is absolute.
Can.
1407 §1 No one can be brought to trial in first instance except before a judge
who is competent on the basis of one of the titles determined in cann. 1408 -
1414.
§2 The
non-competence of a judge who has none of these titles is described as
relative.
§3 The
plaintiff follows the forum of the respondent. If the respondent has more than
one forum, the plaintiff may opt for any one of them.
Can.
1408 Anyone can be brought to trial before the tribunal of domicile or quasi-domicile.
Can.
1409 §1 A person who has not even a quasi-domicile has a forum in the place of
actual residence.
§2 A person
whose domicile, quasi-domicile or place of actual residence is unknown, can be
brought to trial in the forum of the plaintiff, provided no other lawful forum
is available.
Can.
1410 Competence by reason of subject matter means that a party can be brought
to trial before the tribunal of the place where the subject matter of the
litigation is located, whenever the action concerns that subject matter
directly, or when it is an action for the recovery of possession.
Can.
1411 §1 Competence by reason of contract means that a party can be brought to
trial before the tribunal of the place in which the contract was made or must
be fulfilled, unless the parties mutually agree to choose another tribunal.
§2 If the
case concerns obligations which arise from some other title, the party can be
brought to trial before the tribunal of the place in which the obligation arose
or in which it is to be fulfilled.
Can.
1412 A person accused in a penal case can, even though absent, be brought to
trial before the tribunal of the place in which the offence was committed.
Can.
1413 A party can be brought to trial:
1° in cases
concerning administration, before the tribunal of the place in which the
administration was exercised;
2° in cases
concerning inheritances or pious legacies, before the tribunal of the last
domicile or quasi-domicile or residence of the person whose inheritance or
pious legacy is at issue, in accordance with the norms of cann. 1408 - 1409.
If, however, only the execution of the legacy is involved, the ordinary norms
of competence are to be followed.
Can.
1414 Competence by reason of connection means that cases which are
inter-connected can be heard by one and the same tribunal and in the same
process, unless this is prevented by a provision of the law.
Can.
1415 Competence by reason of prior summons means that, if two or more tribunals
are equally competent, the tribunal which has first lawfully summoned the
respondent has the right to hear the case.
Can.
1416 A conflict of competence between tribunals subject to the same appeal
tribunal is to be resolved by the latter tribunal. If they are not subject to
the same appeal tribunal, the conflict is to be settled by the Apostolic
Signatura.
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