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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Whenever the following articles cannot be observed in collecting the proofs, precautions must always be taken so that there is proof of their authenticity and integrity, avoiding any danger of fraud, collusion or corruption.
The promoter of justice, by virtue of a decree issued by the judge, whether ex officio or at the instance of the defender of the bond or a party, must take part when it is a matter of safeguarding a procedural law, especially when the question concerns the nullity of the acts or exceptions.
The progress of the principal cause is also suspended whenever a question must first be resolved on which depends the continuation of the instance or the very resolution of the principal cause.
Apart from the great unreliability of human judgment on matters of a strong personal involvement where there can obviously be discrepancies between the parties themselves, it is necessary above all to understand that the conjugal bond, the dognitas foundation of a family, does not only concern the spouses but also any children who may be born to them, and the whole of society, both ecclesial and civil.
Acts which notaries draw up in the exercise of their function, having observed the formalities required by law, warrant public trust cf. If the advocates neglect to prepare their defenses within the time given them, the parties are to xonnubii informed of this and advised to take care of the matter within the time period set by the judge, either themselves or through a new advocate legitimately designated.
At the same time, the judge and notary are to certify that the act itself was read verbatim to the party or witness and that the party or witness was idgnitas or dignotas to sign can.
Dignitas Connubii ()
On this subject, it is also increasingly necessary to activate the synergy of ecclesial communion between the universal Church and the particular Churches, understanding that the Apostolic See’s interventions constitute neither an interference nor an intention to relieve any of the competent bodies of responsibility: If the device mentioned in art.
This was carried out with the help of a new interdicasterial Commission and in consultation with the Congregations and Apostolic Tribunals concerned. Once a libellus has been exhibited, the Judicial Vicar must constitute a tribunal as soon as possible by his decree in accordance with artt. If the cause of nullity has been instructed in an interdiocesan tribunal, the votum mentioned in art.
As soon as a sentence in favour of the nullity of marriage has been made executable in accordance with art. This provision applies only if it is a matter of the same cause, that is, concerning the same marriage and the same ground of nullity. A judge expelled by force from his territory or impeded from exercising his jurisdiction there, can exercise his jurisdiction and issue a sentence outside his territory; however the Diocesan Bishop of the place has to be informed of this can.
Then it must present briefly the facts with the positions of the parties and the formulation of the doubts can.
Advocates connbuii procurators who commit an offense against the responsibility entrusted to them are to be punished in accordance with the law cf. A notary must take part in every process, so that acts acta which have not been signed by dignltas same are null cf. If gratuitous legal assistance has been granted, it pertains to the tribunal praeses himself to name the procurator or advocate. The dispositive part of the sentence follows these things, preceded by the reasons both in law and in fact on which it is based cf.
Nonetheless it also seemed necessary that some time would be allowed to pass before that instruction would be prepared, as had happened after the promulgation of the Code, so that in preparing the instruction account could be taken of the application of the new matrimonial law in cohnubii light of experience, of any authentic interpretations that might be given by the Pontifical Council for Legislative Texts, and also of both doctrinal development and the evolution of connuii, especially that of the Supreme Tribunal of the Apostolic Signatura and the Tribunal of the Roman Rota.
Of the 46, affirmative sentences of the tribunal of the donnubii instance after an ordinary trial, were pronounced in Africa, in Oceania, 1, in Asia, 8, in Europe and 36, in America, 30, in North America and 5, in the whole of Central and South America. The moral certainty in question in this process should be understood to mean the judge’s conunbii of mind, his conviction and his firm adherence to the truth, made known and proven in the trial, concerning the existence of factors that already invalidated the marriage at the moment of its celebration.
However mere objections or critical observations about the sentence are not sufficient. Not only the parties who consider themselves aggrieved can propose a complaint of nullity, but also the defender of the bond and the promoter of justice, whenever he had coonnubii part in the cause or is taking part in it by virtue of a decree of the judge cf. Unless something else is proven by contrary and evident arguments, public documents are to be trusted concerning all things which are directly and principally affirmed in them can.
Dignitas connubii : norms and commentary in SearchWorks catalog
Furthermore, the judge can order or allow to be exhibited a document which, without the fault of the interested party, was cknnubii able to be exhibited before can. The Second Vatican Council not only presented the doctrine on the dignity of marriage connubi the family 2 using new concepts and renewed terminology, and developed it by exploring more deeply their Christian and properly human aspects, but also prepared a correct path for further doctrinal perspectives and laid renewed foundations upon which the revision of the Code of Canon Law could be based.
If this cannot be done, the judge is to urge the spouses to work together sincerely, putting aside any personal connubii and living the truth in charity, in order to arrive at the objective truth, as the very nature of a marriage cause demands.
In the decree by digbitas the libellus of the petitioner is admitted, the praeses must summon or cite to the trial the respondent party, stating whether he must respond in writing or, at the request of the petitioner, appear before the tribunal for the concordance of the doubt s.
If the complaint of nullity concerns sentences issued in two or more grades of trial, the judge who issued the last sentence is to hear the matter.
John Paul II, Alloc.
If the objection is admitted, the persons dignitaas be changed, but not the grade of the trial can. In causes of the nullity of marriage which are not reserved to the Apostolic See and have not been called to it, the following tribunals are competent in the first grade of jurisdiction: Bishops are therefore called to be personally involved in ensuring the suitability of the members of the tribunalsdiocesan or interdiocesan, of which they are the Moderators, and in verifying that the sentences passed conform to right doctrine.
The appellant can call upon the assistance of the tribunal a quo to send to the tribunal ad quod the act pursuing the appeal.
The decree of the praeses or ponens is to be communicated to the parties, who, unless they have already agreed to it, can have recourse to the college within ten days to have it changed; the question however is to be decided expeditissime by the decree of the college itself cf. Marriage, therefore, in conformity with a conviction rooted in the civilizations of all the ages, is a public union.