RES IUDICATA AND RESTITUTIO IN INTEGRUM (Cann. 1641 – 1648)
Can. 1641 Without prejudice to the prescript of ⇒ can. 1643, a res iudicata occurs:
1/ if a second concordant sentence is rendered between the same parties over the same issue and on the same cause for petitioning;
2/ if an appeal against the sentence has not been introduced within the useful time;
3/ if at the appellate grade, the trial has been abated or renounced;
4/ if a definitive sentence has been rendered from which there is no appeal according to the norm of ⇒ can. 1629.
Can. 1642 §1. A res iudicata possesses the stability of law and cannot be challenged directly except according to the norm of ⇒ can. 1645, §1.
- 2. It establishes the rights between the parties and permits an action for execution and an exception of res iudicata which the judge can also declare ex officio in order to prevent a new introduction of the same case.
Can. 1643 Cases concerning the status of persons, including cases concerning the separation of spouses, never become res iudicata.
Can. 1644 §1. If a second concordant sentence has been rendered in a case concerning the status of persons, recourse can be made at any time to the appellate tribunal if new and grave proofs or arguments are brought forward within the peremptory time limit of thirty days from the proposed challenge. Within a month from when the new proofs and arguments are brought forward, however, the appellate tribunal must establish by decree whether a new presentation of the case must be admitted or not.
- 2. Recourse to a higher tribunal in order to obtain a new presentation of the case does not suspend the execution of the sentence unless either the law provides otherwise or the appellate tribunal orders its suspension according to the norm of ⇒ can. 1650, §3.
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