RECOGNITION. — The term r. denotes two institutions entirely different in their function and purpose. One, common to the legislation of the Church and to other legal systems, and strictly procedural in nature, is an evidentiary and informational measure intended to consolidate the means of proof acquired in the proceedings; the other, established in the Italian Civil Code and substantive in nature, is intended to confirm the existence of an obligation or of a right in general, or at least to prevent such right from becoming barred by limitation.
The institution of r., or judicial inspection, which received its complete definition in the Regulae of the Rota and subsequently in the CIC (cann. 1806–11), was confusedly identified with expert examination in earlier canon law.
Judicial r., also called inspectio ocularis, takes place when the judge considers it necessary to examine the places and things that constitute the subject matter of the dispute (can. 1806). The assessment of necessity, as is clear from the wording of the canon, is left to the prudent judgment of the magistrate.
Both movable and immovable things may be the object of r.: the former may also be examined at the seat of the tribunal; inspection of the latter must instead, naturally, be carried out with the intervention of the magistrate having territorial competence according to the general principles of contentious jurisdiction. If, in fact, the inspection concerns places belonging to the territory of another judge, the performance of the task must be requested from the latter by letter rogatory. Judicial inspection 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); likewise, the judge may avail himself of the services 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 delegate. For the validity of the proceeding, the day and hour of the recognitio must be recorded, as must the persons who took part in it, together with everything that was said or done or decreed by the judge (can. 1811 § 1); the authenticity of this written report is then established by its signature by the judge and the notary (can. 1811 § 2).
A particular form of judicial r. is the inspection of the remains of a servant of God, which, pursuant to can. 2096, must take place « antequam absolvatur processus apostolicus super virtutibus in specie ».
In chapter 5, De probatione per instrumenta, the CIC also speaks of r. (can. 1815) whenever, in a trial, a document must be authenticated; likewise, in the same CIC, the word recognitio is used to signify the specific competence of the Congregation of the Council in recognizing particular councils (can. 250 § 4).
Civil legal systems, too, provide for the institution of inspection of places, things, and persons. In both criminal and civil proceedings, the magistrate may perceive not merely the expediency but even the necessity and indispensability of a direct personal or material ascertainment, since nothing contributes more to the accuracy of the decision than direct observation of the object of the dispute. The Italian Code of Civil Procedure sets out the procedures for such ascertainment in arts. 258–62; the judge personally conducts the inspection, assisted, when necessary, by the technical expert; the Italian Code of Criminal Procedure, in arts. 309–13, lays down analogous provisions concerning judicial inspections in general, and in particular concerning bodily inspection (v. PERQUISIZIONE).
The term also encompasses the act by which a debtor acknowledges the existence of a prior obligation incumbent upon him and renews the declaration thereof; such 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 concerning the r. and the renewal of the declaration (art. 2720 Civil Code). Such acts of acknowledgment may be requested from the obligor by the holder of an annuity exceeding ten years (art. 1870) or by the grantor in an emphyteusis (art. 969).
The principal purpose of r. is to prevent the running of a limitation period, which, pursuant to an explicit statutory provision (art. 2944), is interrupted by acknowledgment of the right by the person against whom that right may be asserted.
R. nevertheless cannot be regarded as independent obligatory causes in themselves; their effectiveness depends on the validity of the principal title.