Chapter — 1917 Code of Canon Law
Chapter VII: Of the Extinction of Actions
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
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Can. 1701.In contentious matters, actions both real and personal are extinguished by prescription according to the norm of can. 1508-1512; but actions concerning the status of persons are never extinguished.
In contentiosis actiones tum reales tum personales exstinguuntur praescriptione ad normam can. 1508-1512; actiones autem de statu personarum nunquam exstinguuntur.
1983 Code correlation: can. 1492
Cited by 4 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Merkelbach, Summa Theologiae Moralis, Volume II. On the Moral Virtues (1935), Special Moral Theology: On Moral Virtues, Treatise: On the Cardinal Virtue of Justice and on the Annexed Virtues, First Part: On Justice in General, Chapter II: On Right, Question Five: On the Acquisition of Right and Dominion, Article IV: On Prescription, n. 234
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1702.Every criminal action is extinguished by the death of the accused, by condonation of legitimate power, and by lapse of the useful time for proposing the criminal action.
Omnis criminalis actio perimitur morte rei, condonatione legitimae potestatis, et lapsu temporis utilis ad actionem criminalem proponendam.
Cited by 5 passages
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation I. On the Precepts of the Decalogue, Part VII. On the Seventh and Tenth Precepts of the Decalogue, Section I. On Commutative Justice Itself, Chapter I. On Commutative Justice Generally, Article II. On the Objects of Commutative Justice, or on Strict Rights, § III. On the Modes of Acquiring Strict Rights, Point IV. On Prescription, Scholion. On Prescription for Ecclesiastical Goods, n. 811
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Vermeersch, Theologia Moralis, Volume II: On the Exercise of the Virtues (1924), Book II: On the Moral Virtues, Tractate V: On Justice, Chapter V: On the Original Modes of Acquiring Rights, Article IV: Prescription, § 2. What Positive Laws Establish, n. 402
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1703.With the prescription of can. 1555, Sec. 1 concerning delicts reserved to the Sacred Congregation of the Holy Office remaining firm, the useful time for proposing a criminal action is three years, unless there is question:
1° Of an action for injuries, which is extinguished in one year.
2° Of an action on account of delicts qualified against the sixth and seventh divine precept, which is extinguished in five years.
3° Of actions on account of simony or homicide, against which a criminal action endures for ten years.
Firmo praescripto can. 1555, § 1 de delictis Sacrae Congregationi S. Officii reservatis, tempus utile ad actionem criminalem proponendam est triennium, nisi agatur:
1° De actione iniuriarum, quae uno anno perimitur;
2° De actione ob delicta qualificata contra VI et VII divinum praeceptum, quae quinquennio perimitur;
3° De actionibus ob simoniam vel homicidium contra quae actio criminalis decennio perdurat.
1983 Code correlation: can. 1362
Cited by 10 passages
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation I. On the Precepts of the Decalogue, Part I. On the First Precept of the Decalogue, Section II. On Opposed Vices, Chapter II. On Irreligiosity, Article III. On Simony, n. 627
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation I. On the Precepts of the Decalogue, Part VII. On the Seventh and Tenth Precepts of the Decalogue, Section I. On Commutative Justice Itself, Chapter I. On Commutative Justice Generally, Article II. On the Objects of Commutative Justice, or on Strict Rights, § III. On the Modes of Acquiring Strict Rights, Point IV. On Prescription, Scholion. On Prescription for Ecclesiastical Goods, n. 811
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation I. On Penalties in General, Part II. On the Superior Having the Power of Punishing, Section I. On the Superior Having Non-Judicial Jurisdiction, n. 855
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation I. On Penalties in General, Part III. On the Subject Liable to the Power of Punishing, n. 859
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation I. On Penalties in General, Part IV. On the Remission of Penalties, n. 861
- Vermeersch, Theologia Moralis, Volume II: On the Exercise of the Virtues (1924), Book II: On the Moral Virtues, Tractate V: On Justice, Chapter V: On the Original Modes of Acquiring Rights, Article IV: Prescription, § 2. What Positive Laws Establish, n. 402
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part Two: Of Penalties, Section I: Of Penalties in General, Title VII: Of the Remission of Penalties, can. 2240
Can. 1704.Once a criminal action has been removed by prescription:
1° A contentious action, perhaps arisen from the delict, for repairing damages is not by that very fact removed.
2° The Ordinary can still use the remedies established in can. 2222, Sec. 2.
Sublata per praescriptionem actione criminali:
1° Non est hoc ipso sublata actio contentiosa, forte ex delicto orta, ad damna sarcienda;
2° Ordinarius remediis can. 2222, § 2 statutis uti adhuc potest.
Cited by 5 passages
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation I. On the Precepts of the Decalogue, Part VII. On the Seventh and Tenth Precepts of the Decalogue, Section I. On Commutative Justice Itself, Chapter I. On Commutative Justice Generally, Article II. On the Objects of Commutative Justice, or on Strict Rights, § III. On the Modes of Acquiring Strict Rights, Point IV. On Prescription, Scholion. On Prescription for Ecclesiastical Goods, n. 811
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Vermeersch, Theologia Moralis, Volume II: On the Exercise of the Virtues (1924), Book II: On the Moral Virtues, Tractate V: On Justice, Chapter V: On the Original Modes of Acquiring Rights, Article IV: Prescription, § 2. What Positive Laws Establish, n. 402
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1705.§ 1. Prescription in contentious matters runs from the time when the action first could be proposed by law; in criminal matters, from the day the delict was perpetrated.
§ 2. If the delict has a successive course, as they call it, prescription does not run except from the day on which the course of the delict ceased.
§ 3. In a habitual or continued delict, prescription does not run except after the last act; and one convened on account of some criminal act not prescribed is bound concerning older acts which are connected with the same act, even if, taken individually, they would be excluded by prescription.
§ 1. Praescriptio in contentiosis currit ex quo actio primum potuit iure proponi; in criminalibus, a die patrati delicti.
§ 2. Si delictum habeat tractum, ut vocant, successivum, non currit praescriptio, nisi a die qua delicti tractus cessaverit.
§ 3. In delicto habituali vel continuato praescriptio non decurrit nisi post ultimum actum; et conventus ob aliquem criminosum actum non praescriptum, tenetur de antiquioribus, qui cum eodem actu connectuntur, etiamsi singulatim sumpti ob praescriptionem excluderentur.
1983 Code correlation: can. 1363
Cited by 5 passages
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation I. On the Precepts of the Decalogue, Part VII. On the Seventh and Tenth Precepts of the Decalogue, Section I. On Commutative Justice Itself, Chapter I. On Commutative Justice Generally, Article II. On the Objects of Commutative Justice, or on Strict Rights, § III. On the Modes of Acquiring Strict Rights, Point IV. On Prescription, Scholion. On Prescription for Ecclesiastical Goods, n. 811
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Vermeersch, Theologia Moralis, Volume II: On the Exercise of the Virtues (1924), Book II: On the Moral Virtues, Tractate V: On Justice, Chapter V: On the Original Modes of Acquiring Rights, Article IV: Prescription, § 2. What Positive Laws Establish, n. 402
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210