Adnotationes in decreta
The abuse occurs in cases where either a right, or a faculty, or any procedural instrument is used in a distorted way diffent to the one regognized by the Legal System, in the attempt to deflect the right development of the Process. The activities of the Patron are more exposed to the danger of the...
| Published in: | Apollinaris |
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| Main Author: | |
| Format: | Print Article |
| Language: | Italian |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Mursia
2014
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| In: |
Apollinaris
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| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Jurisdiction
B Catholic church Signatura Apostolica B Nullity B Judgment |
| Summary: | The abuse occurs in cases where either a right, or a faculty, or any procedural instrument is used in a distorted way diffent to the one regognized by the Legal System, in the attempt to deflect the right development of the Process. The activities of the Patron are more exposed to the danger of the abuse of Process but some situations of abuse are identifiable also for the Judges when they exercise their munus not in accordance with the regulations. The defectsregarding the motivation should be summarized in ist omission or failure. The Plea of nullity can be used only in the event that the decision does not contain the motives or the reasons for the decision; instead, one should file an appeal or a nova from the activity of the judge that involves the denial of the right of defense, the court should dinstinguish the activity that led him take-charge of the implemantation of the procedural rules and the regulation of the exercise of the right of defenense should not put in place. |
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| ISSN: | 0392-2359 |
| Contains: | In: Apollinaris
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