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Processes » The Contentious Trial » The Ordinary Contentious Trial » Challenging of the Sentence » Complaint of nullity against the sentence
Canon 1619. Without prejudice to cann. 1622 and 1623, whenever a case concerns the good of private individuals, acts which are null with a nullity established by positive law are validated by the judgement itself, if the nullity was known to the party making the plaint and was not raised with the judge before the judgement.

Firmis can. 1622 et 1623, nullitates actuum, positivo iure statutae, quae, cum essent notae parti querelam proponenti, non sint ante sententiam iudici denuntiatae, per ipsam sententiam sanantur, quoties agitur de causa ad privatorum bonum attinenti.
Canon 1620. A judgement is null with a nullity which cannot be remedied,

1° it was given by a judge who was absolutely non-competent;

2° it was given by a person who has no power to judge in the tribunal in which the case was decided;

3° the judge was compelled by force or grave fear to deliver judgement;

4° the trial took place without the judicial plea mentioned in can. 1501, or was not brought against some party as respondent;

5° it was given between parties of whom at least one has no right to stand before the court;

6° someone acted in another’s name without a lawful mandate;

7° the right of defence was denied to one or other party;

8° the controversy has not been even partially decided.

Sententia vitio insanabilis nullitatis laborat, si:

1° lata est a iudice absolute incompetenti;

2° lata est ab eo, qui careat potestate iudicandi in tribunali in quo causa definita est;

3° iudex vi vel metu gravi coactus sententiam tulit;

4° iudicium factum est sine iudiciali petitione, de qua in can. 1501, vel non institutum fuit adversus aliquam partem conventam;

5° lata est inter partes, quarum altera saltem non habeat personam standi in iudicio;

6° nomine alterius quis egit sine legitimo mandato;

7° ius defensionis alterutri parti denegatum fuit;

8° controversia ne ex parte quidem definita est.
Canon 1621. In respect of the nullity mentioned in can. 1620, a plaint of nullity can be made in perpetuity by means of an exception, or within ten years of the date of publication of the judgement by means of an action before the judge who delivered the judgement.

Querela nullitatis, de qua in can. 1620, proponi potest per modum exceptionis in perpetuum, per modum vero actionis coram iudice qui sententiam tulit intra decem annos a die publicationis sententiae.
Canon 1622. A judgement is null with a nullity which is simply remediable, if:

1° contrary to the requirements of can. 1425, §1, it was not given by the lawful number of judges;

2° it does not contain the motives or reasons for the decision;

3° it lacks the signatures prescribed by the law;

4° it does not contain an indication of the year, month, day and place it was given;

5° it is founded on a judicial act which is null and whose nullity has not been remedied in accordance with can. 1619;

6° it was given against a party who, in accordance with can. 1593, §2, was lawfully absent.

Sententia vitio sanabilis nullitatis dumtaxat laborat, si:

1° lata est a non legitimo numero iudicum, contra praescriptum can. 1425, §1;

2° motiva seu rationes decidendi non continet;

3° subscriptionibus caret iure praescriptis;

4° non refert indicationem anni, mensis, diei et loci in quo prolata fuit;

5° actu iudiciali nullo innititur, cuius nullitas non sit ad normam can. 1619 sanata;

6° lata est contra partem legitime absentem, iuxta can. 1593, §2.
Canon 1623. In the cases mentioned in can. 1622, a plaint of nullity can be proposed within three months of notification of the publication of the judgement.

Querela nullitatis in casibus, de quibus in can. 1622, proponi potest intra tres menses a notitia publicationis sententiae.
Canon 1624. The judge who gave the judgement is to consider the plaint of its nullity. If the party fears that the judge who gave the judgement is biased, and consequently considers him suspect, he or she can demand that another judge take his place in accordance with can. 1450.

De querela nullitatis videt ipse iudex qui sententiam tulit; quod si pars vereatur ne iudex, qui sententiam querela nullitatis impugnatam tulit, praeoccupatum animum habeat ideoque eum suspectum existimet, exigere potest ut alius iudex in eius locum subrogetur ad normam can. 1450.
Canon 1625. Within the time limit established for appeal, a plaint of nullity can be proposed together with the appeal.

Querela nullitatis proponi potest una cum appellatione, intra terminum ad appellationem statutum.
Canon 1626. §1 A plaint of nullity can be made not only by parties who regard themselves as injured, but also by the promotor of justice and the defender of the bond, whenever they have a right to intervene.

§2 Within the time-limit established in can. 1623, the judge himself can retract or correct an invalid judgement he has given, unless in the meantime an appeal joined to a plaint of nullity has been lodged, or the nullity has been remedied by the expiry of the time-limit mentioned in can. 1623.

§1. Querelam nullitatis interponere possunt non solum partes, quae se gravatas putant, sed etiam promotor iustitiae aut defensor vinculi, quoties ipsis ius est interveniendi.

§2. Ipse iudex potest ex officio sententiam nullam a se latam retractare vel emendare intra terminum ad agendum can. 1623 statutum, nisi interea appellatio una cum querela nullitatis interposita fuerit, aut nullitas sanata sit per decursum termini de quo in can. 1623.
Canon 1627. Cases concerning a plaint of nullity can be dealt with in accordance with the norms for an oral contentious process.

Causae de querela nullitatis secundum normas de processu contentioso orali tractari possunt.

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