**RECOGNITION** — The term *recognitio* denotes two institutions that are entirely distinct in their function and purpose. One, common to ecclesiastical legislation and to other legal systems, is of a strictly procedural nature; it is an investigative means designed to consolidate the means of proof already acquired in the process. The other, affirmed in the Italian Civil Code and of a substantive nature, aims either to confirm the existence of an obligation or a right in general, or at least to prevent such a right from being extinguished by prescription.
The institution of *recognitio* or judicial access, which received its full definition in the *Regulae* of the Roman Rota and subsequently in the *Codex Iuris Canonici* (cc. 1806–11), was formerly confused with expert testimony (*peritia*) in earlier canon law.
Judicial *recognitio*, also called *inspectio ocularis*, occurs when the judge deems it necessary to examine places and things that form the subject of a dispute (cc. 1806). The assessment of necessity, as is clear from the wording of the canon, is entrusted to the prudent discretion of the magistrate.
Both movable and immovable property may be the object of *recognitio*: the former may even be examined at the seat of the tribunal; the latter, as is obvious, must be inspected through the intervention of the territorially competent magistrate in accordance with the general principles of contentious jurisdiction. If, indeed, the inspection concerns places within the territory of another judge, recourse must be had to the latter for the execution of the act by rogatory commission. Judicial access is sometimes accompanied by the hearing of witnesses, whenever it appears expedient for a fuller proof or for removing doubts on account of which the *recognitio* was decreed (c. 1810); likewise, the judge may avail himself of the assistance of experts (*v.*) if such assistance appears necessary or useful (c. 1809).
The inspection may be carried out directly by the judge, or by an assistant or delegate. For the validity of the act, the day and hour of the *recognitio* must be recorded in the minutes, as well as the persons present, and everything that was said or done or decreed by the judge (c. 1811 § 1); the authenticity of such written report is then attested by the signatures of the judge and the notary (c. 1811 § 2).
A particular form of judicial *recognitio* is that concerning the remains of a Servant of God, which, in accordance with c. 2006, must take place “before the apostolic process on the virtues in particular is concluded.”
The *Codex Iuris Canonici*, in chapter 5 *De probatione per instrumenta*, then uses the term *recognitio* (cc. 1815) whenever, in a trial, there must be a recognition of a document; likewise, the same *Codex* employs the word *recognitio* to denote the specific competence of the Congregation of the Council in recognizing particular councils (c. 250 § 4).
The civil legislations likewise recognize the institution of inspection of places, things, and persons. In both criminal and civil proceedings, the magistrate may find not only that it is opportune, but indeed necessary and indispensable, to make a direct personal or real ascertainment, for nothing serves the accuracy of a decision more than the direct observation of the object of the dispute. The Italian Code of Civil Procedure regulates the modalities of such ascertainment in articles 258–62; the judge conducts the inspection personally, assisted, when necessary, by a technical consultant. The Code of Criminal Procedure, in articles 309–13, lays down similar provisions regarding judicial inspections in general, and in particular regarding bodily inspection (*V. PERQUISITION*).
Within this meaning is also included the act by which a debtor acknowledges the existence of a prior obligation incumbent upon him and renews such declaration; this act constitutes full proof of the statements contained in the original document, unless it is shown, by producing the latter, that there was an error in the *recognitio* or in its renewal (art. 2720 of the Civil Code). Such acts of recognition may be demanded of the obligor by the holder of a rent lasting more than ten years (art. 1870) or by the grantor in emphyteusis (art. 969).
The primary purpose of *recognitio* is to prevent the running of a prescription, which, by express statutory provision (art. 2944), is interrupted by the acknowledgment of the right by the person against whom the right may be asserted.
Nevertheless, *recognitio* acts cannot be regarded as independent causes in themselves; their efficacy depends on the validity of the principal title.