Canon Law

Notes, Commentary, Discussion, Papers & Bibliography

User Tools

Site Tools


book7

Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Next revision
Previous revision
book7 [2015/03/10 11:48]
amycsj created
book7 [2016/12/18 19:08] (current)
amycsj
Line 1109: Line 1109:
 ====Title I. Marriage Processes==== ====Title I. Marriage Processes====
  (1671 - 1707)  (1671 - 1707)
-===Chapter I. Cases to Declare the Nullity of Marriage===+===2015 CANONS=== 
 + In [[http://​w2.vatican.va/​content/​francesco/​en/​motu_proprio/​documents/​papa-francesco-motu-proprio_20150815_mitis-iudex-dominus-iesus.html| Mitis Iudex Dominus Iesus]], (2015) Pope Francis reformed the marriage annulment process. A summary of the new canons is listed here, and below is a similar summary of the canons from the 1983 Code.
  
 +**Criteria of the reform:**
 +  * I. – A single executive sentence in favor of nullity is effective. ​
 +  * II. – A sole judge under the responsibility of the bishop. ​
 +  * III. – The bishop himself as judge. ​
 +  * IV. – Briefer process. ​
 +  * V. – Appeal to the metropolitan see.
 +  * VI. The duty proper to episcopal conferences.
 +  * VII. – Appeal to the Apostolic See. 
 +  * VIII. – Provisions for Eastern Churches.
 +
 +==Art. 1 – The Competent Forum and Tribunals==
 +
 +**Can. 1671 Right to Judge** § 1. Marriage cases of the baptized belong to the ecclesiastical judge by proper right. § 2. Civil effects of marriage determined by civil magistrate, unless ceded in civil law to an ecclesiastical judge.
 +
 +**Can. 1672. Tribunal** Cases not reserved to the Apostolic See, the competencies are the tribunal of: 1° place of marriage; 2° where either party has a domicile or a quasi-domicile;​ 3° place where most proffs are.
 +
 +**Can. 1673 Judges** § 1. Bishop is the first judge. § 2. Bishop to establish tribunal or approach another tribuanl or interdiocesan tribunal. § 3. College of three judges presided by a cleric. § 4. Can have sole clerical judge who, where possible with two assessors. § 5. The tribunal of second instance must always be collegiate for validity. § 6. The tribunal of first instance appeals to the metropolitan tribunal of second instance without prejudice to the prescripts of cann. 1438-1439 and 1444.
 +
 +==Art. 2 – The Right to Challenge a Marriage==
 +
 +**Can. 1674 Challenger** § 1. The following are qualified to challenge a marriage: 1° the spouses; 2° the promoter of justice. § 2. A marriage which was not accused while both spouses were living cannot be accused after the death of either spouse, unless other reasons exist. § 3. If a spouse dies while the case is pending see can. 1518.
 +
 +==Art. 3 – The Introduction and Instruction of the Case==
 +
 +**Can. 1675. Failure** Irreparably failed marriage, before accepting case = civil divorce.
 +
 +**Can. 1676 Introduction**§ 1. Libellus transmitted to both parties and defender of the bond with 15 days to comment. § 2. The judicial vicar formulates doubt and determines ordinary or briefer process. Communicates to parties and defender. § 3. For ordinary process, the same decree constitutes a college of judges or of a single judge with two assessors according to can. 1673, § 4. § 4. For briefer process is decided upon, see can. 1685. § 5. The formula of doubt determines ground or grounds of challenge.
 +
 +**Can. 1677 Rights**§ 1. The defender of the bond, parties'​ reps, and the promoter of justice have the following rights: 1. to be present at the examination of the parties, witnesses, and the experts; 2. to inspect the acts and review the documents. § 2. The parties cannot be present at the examination mentioned in §1.1.
 +
 +**Can. 1678 Proofs** § 1. In cases of the nullity of marriage, a judicial confession and the declarations of the parties (and witnesses to their credibility) can have the force of full proof, to be evaluated by the judge. § 2. Single can produce full proof in some cases. § 3. The judge is to use the services of one or more experts for medical or psychic proofs unless clearly useless. § 4. If the marriage was not consumated - use that process.
 +
 +==Art. 4 - The Judgment, its Appeals and its Effects==
 +
 +**Can. 1679. One sentence** The sentence of nullity becomes executive.
 +
 +**Can. 1680 Appeal** § 1. The aggrieved party, the promoter and defender can introduce an appeal. § 2. A college of judges is established,​ the defender is designated, and the parties are admonished to put forth their observations within the prescribed time limit; after this time period has passed, if the appeal clearly appears merely dilatory, the collegiate tribunal confirms the sentence of the prior instance by decree. § 3. If an appeal is admitted, the tribunal must proceed. § 4. If a new ground of nullity of the marriage is alleged at the appellate level, the tribunal can admit it and judge it as if in first instance.
 +
 +**Can. 1681. New proofs** Case can go to third instance for new proposition if there are new and grave proofs within 30 days.
 +
 +**Can. 1682 Free to marry** § 1. After nullity, parties can contract a new marriage, unless prohibited by sentence. § 2. Nullity and possible prohibitions noted in the marriage and baptismal registers.
 +
 +==Art. 5 - The Briefer Matrimonial Process before the Bishop==
 +
 +**Can. 1683. Nullity manifest** Bishop uses the briefer process whenever: 1. the petition is proposed by both spouses or by one, with the consent of the other; 2. circumstance do not demand a more accurate inquiry or investigation,​ and render the nullity manifest.
 +
 +**Can. 1684. Libellus** The libellus introducing the briefer process contains can. 1504, and: 1. brief, full, and clear facts on which the petition is based; 2. the proofs; 3° documents.
 +
 +**Can. 1685. Citation** JV determines doubt, instructor, assessor, cites all for session within 30 days (can. 1686).
 +
 +**Can. 1686. Instruction** The instructor collects the proofs in a single session and allows 15 days for observations in favor of the bond and the defense briefs of the parties, if any.
 +
 +**Can. 1687 Decision**§ 1. The diocesan bishop, consults the instructor and the assessor, and considers the observations of the defender of the bond and the defense briefs of the parties, then issues the sentence if he reaches moral certitude or refers the case to the ordinary method. § 2. He gives the full text of the sentence with the reasons to the parties as swiftly as possible. § 3. An appeal can be made to the metropolitan or to the Roman Rota, etc. § 4. Dilatory appeals are rejected at the outset.
 +
 +==Art. 6 - The Documentary Process==
 +
 +**Can. 1688. ** On petition, the bishop, JV or judge can declare nullity if no dispensation was given.
 +
 +**Can. 1689 ** § 1. if 1688 is not certain, a documentary process initiates. § 2. The aggrieved party retains the right of appeal.
 +
 +**Can. 1690. Appeal** Second instance judge reviews 1688 case.
 +
 +==Art. 7 – General Norms==
 +
 +**Can. 1691 ** § 1. Civil obligations,​ and obligations to children notwithstanding. § 2. Oral contentious process mentioned in cann. 1656-1670 not allowed. § 3. Other norms on trials and on rights of persons to be observed.
 +
 +
 +
 +===1983 CANONS===
 + //​Canons 1671-1691 are replaced by new canons from __Mitis Iudex Dominus Iesus__ 2015.//
 ==Art. 1. The Competent Forum== ==Art. 1. The Competent Forum==
  ​[[http://​www.intratext.com/​IXT/​ENG0017/​__P6H.HTM|English]] [[http://​www.intratext.com/​IXT/​LAT0010/​__P6H.HTM|Latin]]  ​[[http://​www.intratext.com/​IXT/​ENG0017/​__P6H.HTM|English]] [[http://​www.intratext.com/​IXT/​LAT0010/​__P6H.HTM|Latin]]
book7.1426013316.txt.gz · Last modified: 2016/08/18 08:00 (external edit)