TITLE III:
WAYS OF AVOIDING TRIALS (Cann. 1713 - 1716)
Can.
1713 In order to avoid judicial disputes, agreement or reconciliation can
profitably be adopted, or the controversy can be submitted to the judgement of
one or more arbiters.
Can.
1714 The norms for agreements, for mutual promises to abide by an arbiter's
award, and for arbitral judgements are to be selected by the parties. If the
parties have not chosen any, they are to use the law established by the
Episcopal Conference, if such exists, or the civil law in force in the place
where the pact is made.
Can.
1715 §1 Agreements and mutual promises to abide by an arbiter's award cannot
validly be employed in matters which pertain to the public good, and in other
matters in which the parties are not free to make such arrangements.
§2 Whenever
the matter concerned demands it, in questions concerning temporal
ecclesiastical goods the formalities established by the law for the alienation
of ecclesiastical goods are to be observed.
Can.
1716 §1 If the civil law does not recognise the force of an arbitral judgement
unless it is confirmed by a judge, an arbitral judgement in an ecclesiastical
controversy has no force in the canonical forum unless it is confirmed by an
ecclesiastical judge of the place in which it was given.
§2 If,
however, the civil law admits of a challenge to an arbitral judgement before a
civil judge, the same challenge may be brought in the canonical forum before an
ecclesiastical judge who is competent to judge the controversy at first
instance.
|