Brief comparative considerations on some procedural incidents in secular and canon law

DEZBATERI

Abstract

Judgment is not an activity reserved exclusively for civil disputes lato sensu, but also arises in matters belonging to the sphere in which spirituality interferes with the secular. The ecclesiastical courts, when called upon to resolve cases under their jurisdiction, may be faced with the same procedural incidents that a civil court encounters, which is why canon law also contains procedural regulations. Starting from the sources of canon law (Orthodox and Catholic) and taking into account the place that ecclesiastical justice occupies in the contemporary state order, we have treated comparatively some procedural incidents regulated in a similar way in both secular and canon law, but which present certain nuances justified by the specificity of the procedure.

Keywords: canon law, recusal, stay of proceedings, absolute and relative lack of jurisdiction, expiration.