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Code of Canon Law IntraText CT - Text |
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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. §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. §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. §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. 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.
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Table of Contents | Words: Alphabetical - Frequency - Inverse - Length - Statistics | Help | IntraText Library |
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