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:
1° there
are two conforming judgements between the same parties about the same matter
and on the same grounds;
2° no
appeal was made against the judgement within the canonical time-limit;
3° the
trial has been abated or renounced in the appeal grade;
4° 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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