TITLE IX: ADJUDGED MATTER AND TOTAL REINSTATEMENT  (Cann. 1641 - 1648)

CHAPTER I : ADJUDGED MATTER

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.

§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.

§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.