Sectio I

What is determined concerning decrees in the canons of this section is also to be applied to all particular administrative acts which are posited in the external forum outside a trial with the exception of those issued by the Roman Pontiff or an ecumenical council.

§ 1.

It is very desirable that whenever someone feels injured by a decree, there not be a contention between this person and the author of the decree but that care be taken by common counsel to find an equitable solution between them, perhaps through the use of wise persons in mediation and study so that the controversy may be avoided or solved by some suitable means.

§ 2.

The conference of bishops can determine that in every diocese some office or council be permanently established to find and suggest equitable solutions according to norms determined by the conference; but if the conference has not done this, a bishop can establish a council or office of this kind.

§ 3.

The office or council mentioned in § 2 is to be of assistance especially at the time when revocation of a decree has been petitioned in accord with the norm of can. 1734 and the time for recourse has not elapsed; but if recourse has been taken against the decree, the superior who examines the recourse is to urge the recurrent and the author of the decree to seek a solution of this type whenever the superior sees hope of a successful outcome.

§ 1.

Before proposing recourse, a person must seek the revocation or emendation of the decree in writing from its author; when such a petition is proposed it is understood that the suspension of the execution of the decree is also being petitioned.

§ 2.

The petition must be made within a peremptory period of ten available days from legal notice of the decree.

§ 3.

The norms of § § 1 and 2 are not valid:

(1) concerning recourse proposed to the bishop against decrees issued by authorities subject to him;

(2) concerning recourse proposed against a decree by which hierarchic recourse is decided unless (nisi) the decision has been made by the bishop;

(3) concerning recourses to be proposed in accord with cann. 57 and 1735.

If, within thirty days from the time when the petition mentioned in can. 1734 has come to him, the author of the decree communicates a new decree by which he corrects the prior one or decrees that the petition must be rejected, the period for recourse runs from the notice of the new decree but if within the thirty days he decrees nothing the period runs from the thirtieth day.

§ 1.

In those matters in which hierarchic recourse suspends the execution of the decree, the petition also has the same effect as that mentioned in can. 1734.

§ 2.

In other cases, unless (nisi) within ten days from the time when the petition mentioned in can. 1734 has come to him, the author of the decree decrees that its execution is to be suspended, a suspension can meanwhile be petitioned from his hierarchic superior who can decree it only for grave reasons and always cautiously lest the salvation of souls be injured in some way.

§ 3.

When the execution of the decree has been suspended in accord with § 2, if recourse is proposed later, the one who must deal with the recourse in accord with can. 1737, § 3 is to determine whether the suspension is to be confirmed or revoked.

§ 4.

If no recourse is proposed against the decree within the stated period, the suspension of the execution effected in the interim in accord with § § 1 or 2 ceases by that very fact.

§ 1.

One who claims to have been injured by a decree can make recourse for any just reason to the hierarchic superior of the one who issued the decree; the recourse can be proposed before the author of the decree, who must immediately transmit it to the competent hierarchic superior.

§ 2.

Recourse must be proposed within a peremptory period of fifteen available days which run from the day on which the decree was published in cases mentioned in can 1734, § 3, but in other cases they run in accord with the norm of can. 1735.

§ 3.

Also in cases in which recourse does not suspend execution of the decree by the law itself, and the suspension was not decreed in accord with can. 1736, § § 2, nevertheless, the superior can order that the execution be suspended for a grave cause yet cautiously lest the salvation of souls suffer any harm.

The one taking recourse always has a right to use an advocate or a procurator, avoiding useless delays; and indeed an advocate ex officio is to be constituted, if the one taking recourse lacks an advocate and the superior thinks one necessary; but the superior can always command that the one taking recourse be present to be questioned.

The superior who examines the recourse has the power, as the case requires, not only to confirm the decree or to declare it null but also to rescind, to revoke, or, if it appears to the superior to be more expedient, to amend, subrogate or obrogate the decree.