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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But in regard to parties who attempted marriage before a civil official or non-Catholic minister while they were bound to canonical form according to can. The expert is to be given the acts of the cause and other documents and aids which he could need in order to carry out his task properly and faithfully can.
An appeal is to be pursued before the judge to whom ad quem it has been directed within a month of its filing, unless the judge a quo has granted the party a longer time for pursuing it can.
The following norms are to be observed in collecting the proofs. In the same circumstances the defender of the bond, promoter of justice, assessor and auditor, and the other ministers of the tribunal must abstain from exercising their connubui 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 cignitas 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.
In those cases mentioned in art. The burden of proof lies on the one making an assertion can. It is the right of the defender of the bond and the advocates of the parties: Reason for this Document The purpose of the Instruction is very simple: If the objection is admitted, the persons must be changed, but not the grade of the trial can.
Together with the decree of citation the names of the judges and defender of the bond are to be communicated to the respondent party. Shopbop Designer Fashion Connubbii. Get connubli Know Us. Without prejudice to the requirement fonnubii art. However, those things which must precede the celebration of marriage in accordance with can.
Against the declaration mentioned in art.
Those who are deprived of the use of reason can stand trial only through a guardian cf. The sentence must always be communicated in the same way to the defender of the bond and to the promoter of justice, if he took part in the process.
The defender can never act in favour of the nullity of marriage; if in a special case he has nothing that can be reasonably proposed or argued in favour of the bond, the defender can remit himself to the justice of the court.
Dignitas connubii : norms and commentary in SearchWorks catalog
An appeal filed by the petitioning party benefits the respondent party as well, and vice versa cf. Marriage, therefore, in conformity with a conviction rooted in the civilizations of all the ages, is a public union. In every grade of trial, the defender is bound by the obligation to propose any kind of proofs, responses and exceptions that, without prejudice to the truth of the matter, contribute to the protection of the bond cf.
After he had studied the work carried out by the Commission, 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.
At any stage or grade of trial, defects by which the nullity of a sentence can occur can be proposed as an exception and likewise declared by the judge ex officio can. Causes of complaint of nullity proposed by way of an action can be handled following the rules for the oral contentious process, while causes of complaint of nullity proposed by way of an exception or ex officio in accordance with art.
At the end of the examination, there must be read to the questioned person what the notary wrote down about his deposition, or the person must be made to listen to what was recorded concerning dignutas deposition, giving him the faculty of adding, deleting, correcting and changing cf. Judges are to be of unimpaired reputation and to have a doctorate or at least a licentiate in canon law cf.
The petitions and responses of the parties, in addition to the introductory libelluscpnnubii be expressed either in the response to the citation or in declarations made orally before the judge cf.
Everyone knows human fallibility can lead to a practical decision in which there is no true justice, or in which it may be delayed. The certification of a private document, done by a notary having observed those things which must be observed, is indeed public, but the document itself remains private.
Unless he has a special mandate, a connubij 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 a cause is to be handled in the second or higher grade of trial through an ordinary examination, it is to be processed in the same way as in first instance, with appropriate adaptations cf. These two prerequisites are essential to judicial conubii, a juridic institution which, moreover, the Church herself has largely contributed to shaping throughout history.
Several Connubji Bishops, djgnitas, with the approval of the Apostolic See, can by common agreement establish a single tribunal of first instance for their dioceses, in accordance with can.
The sentence, avoiding both an excessive brevity and an excessive length, must be clear in explaining the reasons in law and in fact and dignitae be based in actis et probatisso that it is apparent by what path the judges arrived at their decision and how they applied the law to the facts.
In case of an exception of relative incompetence, if the college declares itself competent, its decision does not admit an appeal, but a complaint of nullity, treated in artt. A notary can be given a substitute to stand in for him when the notary is impeded; this appointment is to be made by a decree to be mentioned in the acts. In such case, with due cignitas of particular law, the dispositive part of the sentence may be communicated to the same party.
In regard to the merits of the cause he can only institute an investigation in order to admit or reject the libellusif the libellus should seem to lack any basis whatsoever; he can do this only in order to see whether it could happen that some basis could appear from the process. It is strongly recommended that no one lacking experience of tribunal work be appointed a Judicial Vicar or Adjunct Judicial Vicar. Both Instructions were published about 20 years after the respective Codes of Canon Law andnot in order to compare the Codes with another legislative text nor, still diynitas, to abrogate them, but merely to facilitate their consultation and application.
It is advisable that the praeses hear the defender of the bond first. This right is to be given to the parties only once, unless it seems to the judge that for a grave cause it is to be granted again; then, however, a concession granted to one party is considered to have been granted to the other as well dignitws. What is necessary instead is a true ascertainment of the objective truth concerning the validity or invalidity of the union.
Secretary of the Supreme Tribunal of the Apostolic Signatura Instruction provides reliable explanation of the tribunal procedure General considerations on matrimonial causes today The Instruction Dignitas Connubii concerns the approximately diocesan or interdiocesan tribunals of the Latin Church that deal almost exclusively with cases of matrimonial nullity. A notary is to be present at this oral debate so that, if the judge orders or a party of the defender of the bond requests and vignitas judge consents, he may immediately make a record of the points debated and the conclusions reached cf.