CORRECTION OF SENTENCES. - The c. of s. [correction of sentences] is that special procedure offered by law to emend a sentence vitiated by material error.

In order for it to take place and thus for a means of challenge (such as, for example, appeal) to be avoided, it is therefore necessary that the error be evident, material and not juridical, that is, such as to leave the structure and equilibrium of the sentence unaltered.

This error - according to can. 1878 § 1 - may concern either the enunciation of the final or dispositive part of the sentence, or the reference made by the sentence itself to the facts or to the requests of the parties, or the formation of calculations.

The request for c. is not subject to any time limits and must be brought before the same judge who issued the sentence. However, nothing prevents it - while an appeal is pending - from being brought before the appellate judge.

As for the procedure to be followed, it should be borne in mind that the request for c. must be brought by a regular judicial petition, which must be notified to the opposing party. If the latter does not object, the judge shall provide for it by decree; if, on the other hand, it objects, then a genuine incidental question will arise, which will be treated and decided in the manner established for incidental cases.

The judge's power to provide for the c. is not to be excluded, even ex officio and by decree.

The decree of c. is attached to the original of the sentence, and mention of it is made at the foot of the sentence.

Bibliography5 works

BIBL.: F. Roberti, De processibus, II, Rome 1926, pp. 194-96; Wernz-Vidal, VI, 1, De processibus, p. 546; M. Lega, Commentarius in iudicia ecclesiastica, II, ibid. 1939, pp. 968-73; M. Conte a Coronata, Institutiones iuris canonici, III, De processibus, Turin-Rome 1941, pp. 317-18; F. Della Rocca, Istituzioni di diritto processuale canonico, Turin 1946, pp. 309-10.

Fernando Della Rocca

@incollection{ec4_correzione_delle_sentenze, author = {Della, Rocca Fernando}, title = {Correzione delle Sentenze}, booktitle = {Enciclopedia Cattolica}, volume = {IV}, pages = {649--650}, note = {Cited by column}, publisher = {Ente per l’Enciclopedia Cattolica e per il Libro Cattolico}, address = {Città del Vaticano}, year = {1950}, url = {https://azioneromana.com/article/correzione-delle-sentenze} }

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Correction of Sentences

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