Chapter — 1917 Code of Canon Law

Chapter VII: Of the Oath of the Parties

Superseded as law in 1983 — read why this Code still matters.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

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Can. 1830.

§ 1. There is especially place for this oath when circumstances which regard the civil or religious status of a person cannot be learned otherwise.

§ 2. But the judge is to abstain from the same both in criminal causes and in contentious causes, if it concerns a right or thing of great price, or a fact of too great moment, or if the right, thing, or fact is not proper to the person to whom the oath would have to be deferred.

§ 3. This oath can be deferred either from office, or at the instance of the other party, or of the promoter of justice, or of the defender of the bond, if they are present in the judgment.

§ 4. Regularly it is to be deferred to the one who has fuller proofs.

§ 5. Nevertheless it belongs to the judge to define by decree whether and when the circumstances concur because of which the supplementary oath must be deferred.

Cited by 3 passages

Can. 1831.

§ 1. The party to whom a supplementary oath is deferred in matters which do not pertain to his civil or religious status can, for a just cause, refuse it or refer it back to the adversary.

§ 2. How much this refusal is to be valued, whether it is just or rather to be equated with confession, belongs to the judge to estimate.

§ 3. A supplementary oath rendered by one party can be impugned by the other.

Cited by 3 passages

Can. 1832.

If the right to reparation of damage is established, but the quantity of the damage cannot be estimated certainly, the judge can defer to the party who has suffered the damage the oath which is called estimatory.

Cited by 3 passages

Can. 1833.

In deferring the estimatory oath these things are to be observed:

1° The judge is to ask from the party who has suffered the damage that, under the sanctity of an oath, he designate the things taken from him or lost by fraud, and express their price and value according to his probable estimation.

2° If the assessment seems excessive to the judge, he is to reduce it to equity, keeping before his eyes all indications and arguments approved by use, also employing experts if there is need, so that truth and justice may be better consulted.

Cited by 3 passages

Can. 1834.

§ 1. Not only before a lawsuit has been begun can the parties agree that the controversy be settled by transaction through an oath to be rendered by either one, but also while the lawsuit is pending and at any moment and state of it, one party can, with the judge approving, defer an oath to the other, on this condition: that the question, whether principal or incidental, be considered decided according to the oath.

§ 2. An oath of this kind is called decisory.

Cited by 3 passages

Can. 1835.

A decisory oath cannot be deferred unless:

1° It concerns a matter in which cession and transaction are admitted, and which, for the persons of the litigants, is not of too great moment or price.

2° By one who can cede or transact.

3° To one who is able to cede or transact, and who likewise does not have full proof for himself.

4° Concerning mere knowledge of a fact, or concerning a fact which is proper to the one to whom the oath is deferred.

Cited by 3 passages

Can. 1836.

§ 1. This oath can be revoked by the party by whom it was deferred until it has been rendered, and can be accepted and rendered by the other party, or not, or referred back to the adversary.

§ 2. Once the oath has been rendered, the question is finished according to the sworn formula, just as if a judicial cession or transaction had intervened.

§ 3. If the oath is refused and is not referred back to the adversary, it belongs to the judge to estimate how much the refusal is to be valued, whether it rests on just causes or rather is to be equated with confession.

§ 4. If it is referred back to the adversary, he must render it; otherwise the cause falls.

§ 5. In order that the oath can be referred back to the adversary, it is necessary that the same conditions concur which are required for deferring it, and that the same ministry of the judge intervene.

Cited by 3 passages