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TITLE V.

ACTIONS AND EXCEPTIONS (Cann. 1491 - 1500)

CHAPTER I.

ACTIONS AND EXCEPTIONS IN GENERAL

Can.  1491 Every right is protected not only by an action but also by an exception unless other provision is expressly made.

Can.  1492 §1. Every action is extinguished by prescription according to the norm of law or by some other legitimate means, with the exception of actions concerning the status of persons, which are never extinguished.

§2. Without prejudice to the prescript of can. 1462, an exception is always available and is perpetual by its very nature.

Can.  1493 A petitioner can bring a person to trial with several actions at once, either concerning the same or different matters, so long as the actions do not conflict among themselves and do not exceed the competence of the tribunal approached.

Can.  1494 §1. The respondent can file a counterclaim against the petitioner before the same judge in the same trial either because of the connection of the case with the principal action or to remove or diminish the claim of the petitioner.

§2. A counterclaim to a counterclaim is not allowed.

Can.  1495 The counterclaim must be presented to the judge before whom the first action was filed even if the judge was delegated for only one case or is otherwise relatively incompetent.




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