Chapter I: Of the Actor and the Defendant

Anyone can act in judgment, unless he is prohibited by the sacred canons; but a defendant legitimately convened must respond.

Although the actor or defendant has constituted a procurator or advocate, he is nevertheless always bound to be present personally in judgment according to the prescription of law or of the judge.

§ 1. For minors and those who are destitute of the use of reason, their parents, tutors, or curators are bound to act and respond.

§ 2. If the judge thinks that their rights are in conflict with the rights of the parents or tutors or curators, or that they are so far distant from the parents or tutors or curators that it is either not at all or only with difficulty possible to use them, then they are to stand in judgment through a curator given by the judge.

§ 3. But in spiritual causes and in causes connected with spiritual things, if minors have attained the use of reason, they can act and respond without the consent of the father or tutor; and indeed, if they have completed the age of fourteen years, even by themselves; otherwise through a tutor given by the Ordinary, or even through a procurator constituted by themselves with the authority of the Ordinary.

In the name of those of whom in can. 100, Sec. 3, the rector or administrator stands in judgment, with the prescription of can. 1653 remaining firm; but in a conflict of their rights with the rights of the rector or administrator, a procurator designated by the Ordinary stands.

Those interdicted from goods, and those who are of less firm mind, can stand in judgment by themselves only so that they may respond concerning their own delicts, or according to the prescription of the judge; in other matters they must act and respond through their curators.

§ 1. In order that a curator given to someone by civil authority be admitted by an ecclesiastical judge, the consent of the proper Ordinary of the one to whom he has been given must accede.

§ 2. The Ordinary can also constitute another curator for the ecclesiastical forum, if, all things having been maturely weighed, he has prudently judged that this must be established.

Religious do not have the person of standing in judgment without the consent of Superiors, except in the cases which follow:

1° If there is question of vindicating against the religion rights acquired for themselves from profession.

2° If they legitimately dwell outside the cloister and the protection of their rights urges.

3° If they wish to institute a denunciation against the Superior himself.

§ 1. Local Ordinaries can stand in judgment in the name of a cathedral church or episcopal mensa; but, so that they may act licitly, they must hear the cathedral Chapter or Council of administration, or have their consent or counsel, whenever the sum of money in danger is one for the alienation of which, according to the norm of can. 1532, the consent or counsel of the same is required.

§ 2. All beneficiaries can act or respond in judgment in the name of the benefice; nevertheless, so that they may do this licitly, they must observe the prescription of can. 1526.

§ 3. Prelates and Superiors of Chapters, sodalities, and any colleges whatsoever cannot stand in judgment in the name of each one's own community without the consent of the same according to the norm of the statutes.

§ 4. Against those of whom in Secs. 1-3, if they have acted in judgment without the prescribed consent or counsel, the pious cause or community has the right to reparation of damages.

§ 5. In a case of defect or negligence of the one who performs the office of administrator, the local Ordinary himself can stand in judgment, by himself or through another, in the name of moral persons which are under his jurisdiction.

§ 6. Religious Superiors cannot stand in judgment in the name of their community, except according to the norm of the constitutions.

§ 1. Excommunicated persons to be avoided, or tolerated persons after a declaratory or condemnatory sentence, are permitted to act by themselves only to impugn the justice or legitimacy of the excommunication itself; through a procurator, to avert any other prejudice of their soul; in the remaining matters they are repelled from acting.

§ 2. Other excommunicated persons generally can stand in judgment.