Chapter — 1917 Code of Canon Law

Chapter II: Of Actions from Notice of New Work and Threatened Damage

Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.

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Can. 1676.

§ 1. One who fears that damage will come to his thing from some new work can notify the judge of it so that the work may be interrupted until the rights of each party are defined by the sentence of the judge.

§ 2. The one to whom the prohibition has been intimated must immediately cease from the work; but, provided that he gives suitable security that he will restore all things to their former state if, when the judgment has been completed, he departs defeated, he can obtain from the judge the continuation of the same work.

§ 3. For demonstrating his right, two months are prescribed for the one notifying of new work; these can be prorogued or reduced by the judge from a just and necessary cause, the other party having been heard.

Cited by 5 passages

Can. 1678.

One who fears that grave damage is imminent to his thing from another's building which threatens ruin, from a tree, or from any other thing whatsoever, has an action concerning threatened damage for obtaining the removal of the danger, or security concerning damage either to be averted or to be compensated if perhaps it occurs.

Cited by 3 passages