Chapter — 1917 Code of Canon Law
Chapter III: Of Attempted Acts While a Lawsuit Is Pending
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
An attempted act is whatever, while a lawsuit is pending, either one party against the other, or the judge himself against either or both parties, innovates while a party dissents and to his prejudice; whether the innovation regards the matter of the lawsuit, with the prescription of can. 1672, 1673 nevertheless saved, or regards the terms assigned to the parties by law or by the judge for placing certain judicial acts.
Attentatum est quidquid, lite pendente, aut altera pars adversus alteram aut ipse iudex adversus alterutram vel utramque partem innovat, parte dissentiente et in eius praeiudicium; sive innovatio respiciat litis materiam, salvo tamen praescripto can. 1672, 1673, sive respiciat terminos partibus a iure vel a iudice assignatos ad ponendos certos actus iudiciales.
§ 1. Attempted acts are null by the law itself.
§ 2. Therefore to the party injured by the attempted act there belongs an action for obtaining a declaration of nullity.
§ 3. This action must be instituted before the very judge of the principal cause; but if because of the attempted act the injured party holds the judge suspect, he can oppose the exception of suspicion, in which one must proceed according to the norm of can. 1615.
§ 1. Attentata sunt ipso iure nulla.
§ 2. Idcirco parti ex attentato laesae competit actio ad obtinendam declarationem nullitatis.
§ 3. Actio haec instituenda est coram ipso iudice causae principalis; quod si ob attentatum pars laesa iudicem suspectum habeat, exceptionem suspicionis potest opponere, in qua procedendum est ad normam can. 1615.
§ 1. While the question concerning an attempted act is pending, the course of the principal cause is regularly suspended; but if it seems more opportune to the judge, the question concerning the attempted act can be treated and resolved together with the principal cause.
§ 2. Questions concerning attempted acts are to be treated most expeditiously and defined by decree of the judge, after the parties and the promoter of justice or defender of the bond have been heard, if these are present in the judgment.
§ 1. Pendente quaestione de attentato, cursus causae principalis regulariter suspenditur, sed si iudici opportunius videatur, quaestio de attentato potest una cum causa principali pertractari et resolvi.
§ 2. Quaestiones de attentatis expeditissime sunt pertractandae et decreto iudicis definiendae, auditis partibus et promotore iustitiae vel defensore vinculi, si hi iudicio intersint.
§ 1. When the attempted act has been demonstrated, the judge must decree its revocation or purgation.
§ 2. But if the attempted act was perpetrated by force or fraud, the one who committed it is also held concerning damages toward the injured party.
§ 1. Demonstrato attentato, iudex decernere debet eius revocationem seu purgationem.
§ 2. Quod si attentatum vi vel dolo patratum sit, qui illud commisit, tenetur etiam de damnis erga partem laesam.