Code of Canon Law: text (original) (raw)

TITLE III:WAYS OF AVOIDING TRIALS (Cann. 1713 - 1716)

Can.1713 In order to avoid judicial disputes, agreement or reconciliation canprofitably be adopted, or the controversy can be submitted to the judgement of one or more arbiters.

Can.1714 The norms for agreements, for mutual promises to abide by an arbiter'saward, and for arbitral judgements are to be selected by the parties. If theparties have not chosen any, they are to use the law established by theEpiscopal Conference, if such exists, or the civil law in force in the placewhere the pact is made.

Can.1715 §1 Agreements and mutual promises to abide by an arbiter's award cannotvalidly be employed in matters which pertain to the public good, and in othermatters in which the parties are not free to make such arrangements.

§2 Whenever the matter concerned demands it, in questions concerning temporal ecclesiastical goods the formalities established by the law for the alienationof ecclesiastical goods are to be observed.

Can.1716 §1 If the civil law does not recognise the force of an arbitral judgementunless it is confirmed by a judge, an arbitral judgement in an ecclesiastical controversy has no force in the canonical forum unless it is confirmed by anecclesiastical judge of the place in which it was given.

§2 If, however, the civil law admits of a challenge to an arbitral judgement before acivil judge, the same challenge may be brought in the canonical forum before anecclesiastical judge who is competent to judge the controversy at firstinstance.