Chapter — 1917 Code of Canon Law
Chapter IV: Of Access and Judicial Inspection
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
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Can. 1806.If the judge considers it necessary to go to the place of controversy and inspect the controverted thing itself, he is to prescribe this by decree, by which, after the parties have been heard, he is to describe summarily those things which must be done in the access.
Si ad controversiae locum iudex accedere atque ipsam rem controversam inspicere necessarium existimet, decreto id praestituat, quo ea quae in accessu praestanda sint, auditis partibus, summatim describat.
1983 Code correlation: can. 1582
Cited by 3 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
- 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. 1807.The judge can carry out the inspection either personally by himself or through an auditor or delegated judge.
Iudex recognitionem peragere potest vel ipse per se vel per auditorem aut iudicem delegatum.
Cited by 3 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
- 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. 1808.§ 1. The judge, inspecting the thing or place, can employ experts, if their work seems necessary or useful.
§ 2. If experts are employed, the things prescribed in can. 1793-1805 are to be observed insofar as possible.
§ 1. Iudex, rem vel locum recognoscens, peritos adhibere potest, si ipsorum opera necessaria vel utilis videatur.
§ 2. Si periti adhibeantur, serventur, quantum fieri potest, quae praescripta sunt can. 1793-1805.
Cited by 3 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
- 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. 1809.If it seems to the judge that the danger of quarrel or disturbance must be feared, he can prohibit the parties or their advocates from being present at the judicial inspection.
Si iurgii vel perturbationis periculum pertimescendum iudici videatur, poterit ipse prohibere ne partes vel earum advocati iudiciali recognitioni intersint.
Cited by 3 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
- 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. 1810.The judge can subject witnesses, either summoned from office or duly produced by the parties before the inspection, to examination in the judicial access itself, if this seems expedient for fuller proof or for removing doubts because of which the inspection had to be decreed.
Iudex testes, vel ex officio accitos vel a partibus ante recognitionem rite productos, potest in ipso iudiciali accessu examini subiicere, si id expedire videatur ad pleniorem probationem aut ad removenda dubia ob quae recognitio decerni debuit.
Cited by 3 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
- 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. 1811.§ 1. The notary is to take diligent care that it is established from the acts on what day and hour the inspection was made, what persons were present, and what things, during the inspection, were either said or carried out or decreed by the judge.
§ 2. Both the judge and the notary are to sign the instruments of the completed inspection.
§ 1. Notarius diligenter curet ut constet ex actis qua die et hora recognitio facta sit, quae personae interfuerint, quae, recognitione durante, aut dicta aut peracta aut a iudice decreta sint.
§ 2. Peractae recognitionis instrumenta tum iudex tum notarius subscribant.
1983 Code correlation: can. 1583
Cited by 3 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
- 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