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Code of Canon Law IntraText CT - Text |
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TITLE VIII: CHALLENGING THE JUDGEMENT (Cann. 1619 - 1640) CHAPTER I : THE PLAINT OF NULLITY OF THE JUDGEMENT Can. 1620 A judgement is null with a nullity which cannot be remedied, 1° it was given by a judge who was absolutely non-competent; 2° it was given by a person who has no power to judge in the tribunal in which the case was decided; 3° the judge was compelled by force or grave fear to deliver judgement; 4° the trial took place without the judicial plea mentioned in can. 1501, or was not brought against some party as respondent; 5° it was given between parties of whom at least one has no right to stand before the court; 6° someone acted in another's name without a lawful mandate; 7° the right of defence was denied to one or other party; 8° the controversy has not been even partially decided. Can. 1622 A judgement is null with a nullity which is simply remediable, if: 1° contrary to the requirements of can. 1425, §1, it was not given by the lawful number of judges; 2° it does not contain the motives or reasons for the decision; 3° it lacks the signatures prescribed by the law; 4° it does not contain an indication of the year, month, day and place it was given; 5° it is founded on a judicial act which is null and whose nullity has not been remedied in accordance with can. 1619; 6° it was given against a party who, in accordance with can. 1593, §2, was lawfully absent. §2 Within the time-limit established in can. 1623, the judge himself can retract or correct an invalid judgement he has given, unless in the meantime an appeal joined to a plaint of nullity has been lodged, or the nullity has been remedied by the expiry of the time-limit mentioned in can. 1623.
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Table of Contents | Words: Alphabetical - Frequency - Inverse - Length - Statistics | Help | IntraText Library |
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