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Processes » The Contentious Trial » The Ordinary Contentious Trial » Challenging of the Sentence » Complaint of nullity against the sentence
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.
Previous Next1° 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.
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