Chapter — 1917 Code of Canon Law

Chapter III: Of Opposition of a Third Party

Superseded as law in 1983 — read why this Code still matters.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

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Can. 1898.

If the prescription of a definitive sentence offends the rights of others, these have the extraordinary remedy which is called opposition of a third party, by force of which those who fear injury to their rights from the sentence can impugn the sentence itself before its execution and oppose themselves to it.

Cited by 3 passages

Can. 1899.

§ 1. Opposition can be made at the choice of the recurring person, either by petitioning revision of the sentence by the very judge who rendered it, or by appealing to the superior judge.

§ 2. In either case the opponent must prove that his right has truly been injured or probably will be injured.

§ 3. But the injury must arise from the sentence itself insofar as either it itself is the cause of the injury, or, if it is committed to execution, it will affect the opponent with grave prejudice.

§ 4. If neither is proved, the judge, notwithstanding the opposition of the third party, is to decree the execution of the sentence.

Cited by 3 passages

Can. 1900.

Once the instance has been admitted, if the opponent wishes to act in the grade of appeal, he is held to the laws established for appeal; if before the very judge who rendered the sentence, the rules given for incidental causes are to be observed.

Cited by 3 passages