RECOGNITION. - The term r. denotes two entirely different institutions in their function and purpose. The one, common to the legislation of the Church and to other legislations, of a strictly procedural nature, is an evidentiary means of inquiry, which tends to consolidate the means of proof acquired for the trial; the other, on the other hand, affirmed in the Italian Civil Code and of a substantive nature, has the purpose of confirming the existence of an obligation or of a right in general, or at least of preventing such right from being barred by prescription.
The institution of r., or judicial access, which received its complete definition in the Regulae of the Rota and subsequently in the CIC (cann. 1806-11), was confusedly identified with the expert opinion in the previous canonical legislation.
Judicial r., also called inspectio ocularis, occurs when the judge deems it necessary to examine the places and things that form the object of the controversy (can. 1806). The assessment of necessity, as is inferred from the wording of the canon, is entrusted to the prudent appreciation of the magistrate.
Both movable and immovable things may form the object of r.: the former may also be examined at the seat of the tribunal; the r. of the latter must instead be carried out, as is obvious, through the intervention of the magistrate territorially competent on the basis of the general principles of contentious jurisdiction. If indeed the inspection concerns places belonging to the territory of another judge, the latter must be asked to carry out the task by rogatory letter. Judicial access is sometimes accompanied by the hearing of witnesses, whenever « id expedire videatur ad pleniorem probationem aut ad removenda dubia ob quae recognitio decerni debuit » (can. 1810); just as the judge may also avail himself of the work of experts (v.) « si necessaria vel utilis videatur » (can. 1809).
The inspection may be carried out directly by the judge, or by an auditor or a delegate. For the purposes of the validity of the task, the day and hour of the recognitio must be recorded in the minutes, as also the persons who took part in it, and likewise everything that was said or done or decreed by the judge (can. 1811 § 1); the authenticity, moreover, of this written report is provided by the signature of the judge and of the notary (can. 1811 § 2).
A particular form of judicial r. is that of the remains of a servant of God, which, in accordance with can. 2096, must take place « antequam absolvatur processus apostolicus super virtutibus in specie ».
The CIC in chap. 5 De probatione per instrumenta then speaks of r. (can. 1815) whenever in a trial the recognition of a writing must be carried out; just as in the same CIC the word recognitio is used to signify the specific competence of the Congregation of the Council in the recognition of particular councils (can. 250 § 4).
In civil legislations too there exists the institution of the inspection of places, things and persons. Both in the course of a criminal proceeding and in a civil one the magistrate may perceive not only the opportunity, but even the necessity and indispensability of a direct personal or real ascertainment, because nothing contributes more to the exactness of the decision than the direct view of the object of the dispute. The Italian Code of Civil Procedure sets out the methods of such ascertainment in arts. 258-62; the judge carries out the inspection personally, assisted, when necessary, by the technical consultant; the Italian Code of Criminal Procedure in arts. 309-13 lays down analogous provisions concerning judicial inspections in general, and in particular with regard to the bodily one (v. PERQUISIZIONE).
Within this meaning there also falls the act by which the debtor acknowledges the existence of a previous obligation incumbent upon him and renews the declaration thereof; such an act constitutes full proof of the declarations contained in the original document unless it is shown, by producing the latter, that there was an error regarding the r. and in the renewal (art. 2720 of the Civil Code). Such acts of recognition may be demanded of the obligor by the holder of a rent payable over more than ten years (art. 1870) or by the grantor in emphyteusis (art. 969).
The chief purpose of r. is to prevent the running of a prescription, which, on the basis of an explicit normative provision (art. 2944), is interrupted by the acknowledgment of the right on the part of the person against whom the right itself may be asserted.
R., however, cannot be considered as obligatory causes in themselves, but their efficacy depends on the validity of the principal title.
Bibliography4 works
Giuseppe Spinelli