The Instruction Dignitas Connubii is the fruit of almost 10 years of work undertaken by the Dicasteries of the Holy See, at the Holy Father’s behest. The purpose. As per Dignitas Connubii, “The dignity of marriage, which between the baptised ‘ is the image of and the participation in the covenant of love between Christ. Download Citation on ResearchGate | On Jan 1, , Roch Page and others published INSTRUCTION DIGNITAS CONNUBII: CHOSEN QUESTIONS }.
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The difference between nullity and divorce would be merely nominal. If this is done orally, the notary is to consign this to writing in the presence of the appellant himself can. Indue to the significant increase in the number of cases before diocesan tribunals concerning marriage annulment, John Paul II requested that the norms and processes involved be collected together in a single document. Chapter II Specific proofs 1. The one who has been duly summoned is to appear or inform the judge without delay of the reason for his absence cf.
However, the recourse is to be placed within the period of ten days from the communication of the decree; otherwise the parties and the defender of the bond are considered to have acquiesced to the decree. It is not permitted for the ministers of the tribunal to exercise, at the same tribunal or at another tribunal connected with it by reason of appeal, the function cconnubii advocate or procurator, whether directly or through an intermediate person.
Once such a suitable period of time had elapsed, the Supreme Pontiff John Paul II, on 24 February connubbii, judged it opportune that an interdicasterial Commission be established to prepare, using the same criteria and the same method as in the Instruction Provida Mater connkbii, an instruction by which judges and ministers of tribunals might be led by the hand, as it were, in carrying out this sort of work of great importance, namely, in processing causes which pertain to the declaration of the nullity of marriage, avoiding the difficulties which can emerge in the course of a trial even from the manner in which the norms of this process have been distributed throughout the Code.
Dignitas Connubii – Pontifical Council for Legislative Texts
Top Reviews Most recent Top Reviews. The notary is also to authenticate the recording, taking care that it is preserved safely and intact. A party who considers himself aggrieved by a sentence, the defender of the bond, and likewise the promoter of justice if he had taken part in the trial, have the right to appeal from the sentence to the higher judge, without prejudice to the requirement of art.
If no exception of relative incompetence is filed before the concordance of the doubt, the judge becomes competent ipso iurebut without prejudice to can. The judge is to remind the parties and the witnesses about their duty to speak the whole truth and only the truth, without prejudice to art.
Dignitas Connubii ()
Both Instructions were published about 20 years after the respective Codes of Canon Law andnot in dinitas to compare the Codes with another legislative text nor, still less, to abrogate them, but merely to facilitate their consultation and application.
The publication or communication of the sentence is to be made either by giving a copy digniats the sentence to the parties or their procurators, or by sending it to them in accordance with art.
Unless full means of proof are present from other sources, the judge, in order to evaluate the depositions of the parties, is to use witnesses to the credibility of the parties, if possible, in addition to other indications and helps cf. The expert in his opinion is to respond to the individual points defined in the decree of the judge according to the precepts of his own art and science; he is to take care lest he exceed the limits of his task by giving forth judgements which pertain to the judge cf.
A libellus by which a cause in introduced must: Causes are to be judged in the order in which they were presented and inscribed in the case register cf. After the Code was promulgated inthere appeared a pressing need to prepare an instruction which, following the footsteps of Provida Materwould be helpful to judges and other ministers of tribunals in properly understanding and applying the renewed matrimonial law, all the more so because the number of causes of the nullity of marriage ditnitas increased while, in contrast, the judges and ministers of tribunals were often found to be fewer and entirely unequal to the task of carrying dignjtas the work.
However, if at least some portion of the document can be described and exhibited in a copy without the aforementioned dangers, the judge can decree that it be produced can. A third reason is without any doubt also a factor of conscience: But if the Ordinary has it for certain that the decision is null, he is to remit the matter to the tribunal, without prejudice to art.
It pertains to the praeses of the college: Unless he has a special mandate, a procurator cannot validly renounce an action, an instance, or judicial acts, nor in general do those things for which the law requires a special mandate cf.
If he refuses to respond, it pertains to the judge to evaluate what can be concluded from this for the purpose of proving the facts cf. If a double conforming sentence in a cause of the nullity of marriage has been passed, there is no possibility for an appeal, but the sentence can be challenged at any time before a tribunal of third or higher instance, as long as new and grave proofs or arguments have been brought forward within the peremptory time limit of thirty days from the time the challenge was proposed cf.
On the contrary, the Church reaffirms her competence to deal with these causes, for in them is at stake the existence of the marriage of at least one of her faithful, especially if we remember that marriage is one of the seven sacraments instituted by Christ himself and entrusted to the Church. Some statistical data It is first of conbubii necessary to provide some statistics concerning causes of matrimonial nullity.
In evaluating the testimonies, the judge, having sought, if necessary, testimonial letters, is to consider:. Ministers of justice in general Art. Causes concerning the merely civil effects of marriage belong to the civil magistrate, unless particular law provides that those same causes, if they are to be treated incidentally and subordinately, can be heard and decided by an ecclesiastical judge. Proofs cnnubii are illicit, whether in themselves or in the manner in which they are acquired, are neither to be brought forward nor admitted cf.
It pertains to the praeses to admit or designate a guardian by a decree which indicates the reasons and which connuibi to be kept in the acts. Gaudium et spesn.
The questions are not to be communicated in advance to the persons to be questioned cf.
The praeses or ponens is to see that the decree of citation to the trial is communicated immediately to the respondent party and at the same time made known to the petitioning party and the defender of the bond cf.
Decisions are considered to be equivalently or substantially conforming when, even though they specify and determine the ground of nullity by different names, they are still rooted in the same facts rendering the marriage null and the same proofs. If a sentence has connubio pronounced in favour of the nullity of marriage in the first grade of trial, the tribunal of appeal, having considered the observations of the defender of the bond of the same court of appeal and also of the parties, if they have any, is digniats a decree either to confirm the sentence by an abbreviated procedure or to admit the cause to an ordinary examination in a new grade of trial cf.
Would you like to tell us about a lower price? If need be, rogatorial letters can be sent to the diocesan bishop so that he can take care of the matter. The same officials are not to exercise simultaneously two functions in a stable manner in the same tribunal, without prejudice to art. Whenever an ecclesiastical judge must decide about the nullity of a marriage contracted by two unbaptized persons: Unless the proofs are to be completed, after the citations have been carried out and the formulation of the doubt has been set, diynitas tribunal is to proceed as soon as possible to the discussion of the cause and to the sentence cf.
For a just cause the praeses can replace the ponens with another cf. The Ordinary, however, must see that mention of the declaration of the nullity of the marriage and of any vetita dignittas may have been imposed is made in the marriage and baptismal registers cf. The Instruction presented here coordinates in 61 articles the instruments or proofs in the search for the objective truth in the marriage process.