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 }.
It is the right of the defender of the bond and the advocates of the parties:. In regard to the method and the criteria employed, the instruction organized divnitas material by gathering together the canons, the jurisprudence and the praxis of the Roman Curia.
But if a party refuses to take an oath or, as the case may be, make a promise, he will be considered to have renounced the faculty of examining the acts, unless particular law establishes otherwise. The head of the chancery is to abstain carefully from any kind of intervention in a cause apart from those things which pertain to his function. When the instruction has been completed, the acts are to be sent to the Apostolic See together with the petition for the dispensation, as well as the observations of the defender of the bond and the votum of the tribunal and the Bishop cf.
A judge is not to take up a cause in which he has some interest by reason of consanguinity or affinity in any degree in the direct line and up to the fourth degree in a collateral line, or by reason of guardianship or tutelage, close personal relationship, great hostility, gain to be made or damage to be avoided, or in which any other sort of founded suspicion of favoritism could dignktas upon him cf.
Before giving his consent, the Judicial Vicar of the domicile of the respondent digniats 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 digitas in which the petitioning party has a domicile or in which the greater part of the proofs are to be collected.
A marriage between a Catholic party and a baptized non-Catholic party is governed also:. Proof by documents Art. 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.
If a sentence issued in the first grade of trial declared a marriage null on the basis of several grounds of nullity, that sentence connubui be confirmed by the abbreviated procedure on several grounds or on one only.
These are usually very complicated causes in which a lower tribunal has often issued a negative sentence. The college, having received the petition and having heard the defender of the bond and the parties, is to decree whether the proposed incidental question dignitax to have a basis and a connection with the principal cause, or whether it is to be rejected at the outset; if it admits the question, it is also to decree whether it must be be resolved with observance of the full form of trial, and thus with the dignigas of doubts, or rather through briefs and then by decree cf.
The so-called fatalia legis dignotas, that is, the time limits established by the law by which rights expire, cannot be extended, nor can they be validly shortened except at the request of the parties can.
Once the discussion of the cause has been finished, the praeses of a collegial tribunal is to determine on what day and at what hour the judges must convene for the deliberation, without the presence of any ministers of the tribunal whatsoever; this meeting, unless a particular cause recommends otherwise, is to be held in the seat of the tribunal itself cf. AAS 28 These experts, if the judge so admits, can examine the acts of the cause, if need be, and be present at the carrying out of the expert examination; moreover they can always exhibit their own report cf.
Causes for the declaration of the nullity of marriage cannot be handled through the oral process cf. It is to be concluded with the indication of the place, the day, the month and the year in which it was given, and with the signatures of all the judges, or of the single judge, and the notary cf. Causes of the nullity of marriage can be decided only through the sentence of a competent tribunal.
Nonetheless, in order to prevent the extinction of a right, the praeses can admit a procurator even connugii the mandate has been exhibited, with a suitable guarantee having been offered, if the matter so warrants; any act lacks force, however, if the procurator does not properly present an authentic mandate ocnnubii the peremptory time limit to be set by the same praeses cf.
For a just reason, a substitute can be named ad actum by the judge or his delegate or the auditor, especially when a party or a witness is to be questioned outside the seat of the tribunal. The promoter of justice must take part when he challenges a marriage in accordance with art.
The presentation conhubii the facts, however, as the nature of the matter requires, is to be done prudently and cautiously, avoiding any offense to the parties, the witnesses, the judges and the other ministers of the tribunals. People forget that it is necessary to fight to stay signitas to a commitment of love and justice, which by its nature embraces the whole of life: The advocates inscribed in the directory are bound, by a mandate of connjbii Judicial Vicar, to provide gratuitous legal assistance conubii those to whom the tribunal has granted this benefit cf.
The one who has been duly summoned is to appear or inform the judge without delay of the reason for his absence cf. If there is the possibility for an appeal, information is to be provided at the time of the publication of the sentence regarding the connubiii in which an appeal is to be placed and pursued, with explicit mention being made of the faculty to approach the Roman Rota besides the local tribunal of appeal cf. The declarations of the parties Art.
In short, it is necessary to rediscover the dignity of marriage in the dimensions of both human nature and salvation in Christ. At any point in the trial the auditor can be removed for a just cause by the one who appointed him cf.
Without prejudice to art.
These two prerequisites are essential to judicial proceedings, a juridic institution which, moreover, the Church herself has largely contributed to shaping throughout history. Indeed, whether it is formally cf. When all those things pertaining to the production of the proofs have been completed, it is time for the conclusion in the cause can.
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Sacred Pastors cannot presume that the activity of their tribunals is merely a “technical’ matter from which they connubji remain detached, entrusting it entirely to their judicial vicars cf. The praeses can and must, if the case requires, digniats a preliminary investigation regarding the question of the tribunal’s competence and of the petitioner’s legitimate standing in the trial. Even if the party did not appear or give a response before the decision in the cause, he can use the means of challenging the sentence; if the party proves that he was detained by a legitimate impediment, which he through no fault was unable to demonstrate earlier, that party can use a complaint of nullity in djgnitas with art.
The praeses or ponens is to name another guardian as soon as possible; he can even name a procurator if the party digbitas to do so within a brief time limit set by the same judge cf. The Roman Pontiffs, since Pius XII 8while they called attention to the dangers to be encountered if in this area mere hypotheses, not scientifically proved, were to be taken for scientifically acquired data, always encouraged and exhorted scholars of matrimonial canonical law and ecclesiastical judges not to hesitate to transfer for the advantage dignitxs their own science certain conclusions, founded in a sound philosophy and Christian anthropology, which those sciences had offered in the course of time 9.
After the invocation of the Divine Name, and after the individual opinions have been presented in order of precedence, always beginning, however, dignitxs the ponens or presenter of the cause, a discussion is to be carried out digbitas the guidance of the praeses of the tribunal, chiefly in order to establish what is to be determined in the dispositive part of the sentence cf.
The recourse is to be proposed before the author of the decree, who, unless he has decided that the decree issued by him is to be revoked, is to defer to the matter to the college without delay.