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 }.
|Published (Last):||5 January 2011|
|PDF File Size:||18.28 Mb|
|ePub File Size:||10.20 Mb|
|Price:||Free* [*Free Regsitration Required]|
If in the grade of appeal a new ground of nullity is proposed, the tribunal can, as if in first instance, admit it, with due observance of artt. It pertains to the college to determine, in the definitive sentence, whether the expenses are to be paid by the petitioner alone or also by the other party, and to set the proportion of payments between one party and the other.
Causes of the nullity of marriage can be decided only through the sentence of a competent tribunal. Sometimes, this traditional praxis conunbii the Church is dibnitas subject of criticism or reservations, as though an excessive formalism were entailed.
Nothing however prevents further proofs of any kind from being brought forth in the course of the trial. Learn more about Amazon Prime. The sentence is to be published as soon as possible, and it has no force before the publication, even if the dispositive part, by permission of the judge, is made known to the parties cf.
Dignitas Connubii: : Books
The Roman Rota is an appeal tribunal of second instance concurrent with the tribunals mentioned in art. For validity, however, the hearing of that new ground in the second or higher instance is reserved to a tribunal of the third or higher grade of trial.
After he had studied the work carried out by the Connkbii, the Roman Pontiff, with a letter dated 4 Februarydetermined that this Pontifical Council, taking into consideration the two drafts previously mentioned, would prepare and publish the definitive text of an instruction concerning the norms in force.
Whenever the nature of the cause or of the proofs is such conbubii from the divulgation of the acts and proofs the reputation of others could suffer, an occasion could be given for disagreements, or a scandal or other inconveniences of this type could arise, the judge can bind the witnesses, experts, parties and their advocates or procurators to secrecy by a special oath or, as the case may be, at least a promise, without dgnitas to artt.
The praesesonce he has seen both that the matter is within the cpnnubii of his tribunal and that the petitioner does not lack legitmate standing in the trial, must either admit or reject the libellus by divnitas decree as soon as possible cf. Pastor bonusart. It is first of all necessary to provide some statistics concerning causes of matrimonial nullity. The questions are not to be communicated in advance to the persons to be questioned cf.
In causes of nullity of marriage any written document purposely prepared in advance in order to dignitad the nullity of marriage obtains only the probative force of a private document, even if it was deposited with a notary public.
It is not required that the new arguments or proofs, mentioned in art. Connubil the other hand, it integrates the juridical developments that occurred in the period immediately following the promulgation of the Code: Chapter II The spouses as parties in the cause Art.
Furthermore, neither in the Church nor in civil society can marriage be dignitax an exclusively private matter whose validity could be judged by the parties themselves with a juridic efficacy that would permit them to contract another union.
If a spouse dies during the process: If the respondent party then appears in the trial or gives a response before the decision of the cause, he can offer conclusions and proofs, without prejudice to art.
It pertains to the praeses of the college: Therefore the distinction between the declaration of the nullity of a marriage and the dissolution of a marriage must be kept clearly in mind also in regard to terminology.
The competent Judicial Vicar is determined in accordance with art. To a party who has been declared absent from the trial, there shall be communicated the formulation of the doubt and the definitive sentence, without prejudice to art.
If, however, for a just cause several have been appointed by the same person, they are to be so designated that prevention is operative among them can.
The Bishop Moderator is understood to be the Diocesan Bishop in regard to a diocesan tribunal and dignitsa designated Bishop, mentioned in art. Until the conditions stated in art. If the respondent party is properly cited but neither appears nor offers a suitable excuse for the absence or does not respond in accordance with art.
If an appeal is filed by one party regarding one ground of the sentence, the other party, even if the time limits for the appeal have expired, can appeal incidentally concerning other grounds of nullity within the peremptory time limit of fifteen days from the day when the principal appeal had been communicated to him cf.
The advocates inscribed in the directory are bound, by a mandate of the Judicial Vicar, to provide gratuitous legal assistance to those to whom the tribunal has granted this benefit cf. Before giving his consent, the Judicial Vicar of the domicile of the respondent party is to consider carefully all the circumstances of the cause, especially the difficulties of the respondent party in defending himself before the tribunal of the place in which the petitioning party has a domicile or in which the greater part of the proofs are to be collected.
The praeses of the tribunal can designate an auditor to carry out the instruction of the cause, selecting him either from among the judges of the tribunal or from among the persons approved by the Diocesan Bishop for this function cf.
If the incidental question must be solved by a sentence of the college, cann.
If the libellus is considered admitted in accordance with art. Even in a decree by which a cause is admitted to an ordinary examination the reasons are to be expressed summarily, indicating what further instruction is required, if that is the case. Cardinals, Patriarchs, Bishops and those who by the law of their own state enjoy a similar favour are to be heard in a place cconnubii their choosing can. This provision is to be followed also if a sentence which declared the nullity of marriage has been confirmed not by another sentence but by decree cf.
If gratuitous legal assistance has been granted, it pertains to the tribunal praeses himself to name the procurator or advocate. The guardian is bound by office to protect the rights of the person to whom he was given. The Judicial Vicar is to assign judges in order by panels to judge each individual cause or, as the case may be, to assign a single judge according to a pre-established order cf.
When the correct administration of justice is impeded because of negligence, incompetence or abuses, the Bishop Moderator or the coetus of Bishops is to address the matter by apt means, not excluding removal from office, as the case may require. No separate appeal connjbii allowed against the decision regarding expenses, honoraria, and damages but a party can have recourse within fifteen days to the same college, which can change the amount charged cf.
It is sufficient that the appellant party signify to the judge a quo that he is filing an appeal. If the tribunal of appeal admits the libellusthe cause is to be judged by the tribunal a quo. Indeed, the Roman Rota receives few cases from the tribunals of the second and third instance, that is, fewer than a year. Advocates and procurators who commit an offense against the responsibility entrusted to them connuubii to be punished in accordance with the law cf. The parties, the witnesses, and as the case may be, the experts are to be examined in the seat of the tribunal, unless the judge for a just reason thinks otherwise cf.
Chapter II The suspension of the cause in case of a doubt about non-consummation Art.