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Article

Italian

ID: <

oai:doaj.org/article:141306e1356e4ce0af42eb07a2286ab4

>

·

DOI: <

10.13130/1971-8543/11516

>

Where these data come from
Procedural novelties in matters of matrimonial nullity and canonic jurisdiction
Disciplines

Abstract

SSOMMARIO: 1. The reform of the marriage process along the Church’s synoodal path... – 2. ... and in the sign of the Tradition. Systematic interpretation of the new legislation and principle of the inextricability of marriage – 3. The historical roots of the procexus, or: the ‘Episcopalis audientia’ – 4. The ‘parabola’ of the ‘Episcopalis audientia’: content and rules – 5. The ‘centrality’ of Vescovo today as yesterday – 6. The double compliant judgment under canonic law... – 7... and its historical and legal development: from the origins to the twentieth century – 8. The double compliant ruling in the twentieth century – 9 codification. The speed of judgements and the pastoral care of the family at the heart of Pope Francis’ Reform – 10. “Innovating in tradition: canonist’s challenge and task”. Procedural novelties regarding marriage nullity and Canonical jurisdiction ABSTRACT: The purpose of the essay is to investigate the changes made to the disciplines of the Canonical process of marriage nullity by the Motu Proprio “mitis Iudex Dominus Iesus”, in an attempt to verify whether the reform – which, as we know, has foreseen, among the other novelties, a shorter trial before the Bishop, and the elimination of the double judgment in conformity – both in line with the impunity proper the Canonical jurisdiction. In this perspective, the study will be dedicated to the historic reconstruction of the Procexus nonetheless or coram Episcopo and of the institution of the so-called double judgment in conformity, at the end of which it could to point out that the devolution to the Bishop of a shorter judgment – and the consequential reduction of the procedural forms – should not have underscored the cardinal principles of Canonical jurisdiction.

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