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Code of Canon Law IntraText CT - Text |
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TITLE XI: THE EXECUTION OF THE JUDGEMENT (Cann. 1650 - 1655) §2 The judge who delivered the judgement and, if there has been an appeal, the appeal judge, can either ex officio or at the request of a party order the provisional execution of a judgement which has not yet become an adjudged matter, adding if need be appropriate guarantees when it is a matter of provisions or payments concerning necessary support. They can also do so for some other just and urgent reason. §3 If the judgement mentioned in §2 is challenged, the judge who must deal with the challenge can suspend the execution or subject it to a guarantee, if he sees that the challenge is probably well founded and that irreparable harm could result from execution. §2 If he refuses or neglects to do so, the execution of the judgement, at the request of an interested party or ex officio, belongs to the authority to which the appeal tribunal is subject in accordance with can. 1439 §3. §3 Between religious, the execution of the judgement is the responsibility of the Superior who gave the judgement which is to be executed, or who delegated the judge. §2 He can deal with exceptions concerning the manner and the force of the execution, but not with the merits of the case. If he has ascertained from some other source that the judgement is null or manifestly unjust according to cann. 1620, 1622 and 1645, he is to refrain from executing the judgement, and is instead to refer the matter to the tribunal which delivered the judgement and to notify the parties. §2 In personal actions, when a guilty person is condemned to hand over a movable possession or to pay money, or to give or do something, the judge in the judgement itself, or the executor according to his discretion and prudence, is to assign a time limit for the fulfilment of the obligation. This time-limit is to be not less than fifteen days nor more than six months.
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