Il decreto di conforma di una sentenza affermativa

The Instruction Dignitas connubii has specified the procedure to be followed in cases that are to be dealt with as per can. 1682, § 2, which, in the case of confirmation of an affirmative judgement issued at first instance, come to a conclusion with a decree that is substantially equivalent to a sen...

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Bibliographic Details
Main Author: Uggé, Bassiano 1968- (Author)
Format: Print Article
Language:Italian
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Published: Ed. Ancora 2014
In: Quaderni di diritto ecclesiale
Year: 2014, Volume: 27, Issue: 2, Pages: 158-186
IxTheo Classification:SB Catholic Church law
Further subjects:B Urteilskonformität
B Catholic church Codex iuris canonici 1983. can. 1682, §2
B Instance
B Urteilsbestätigung
B Catholic church Codex iuris canonici 1983. can. 1682
B Marriage process
B Ehenichtigkeitsverfahren
B Judgment
B Canonical process
Description
Summary:The Instruction Dignitas connubii has specified the procedure to be followed in cases that are to be dealt with as per can. 1682, § 2, which, in the case of confirmation of an affirmative judgement issued at first instance, come to a conclusion with a decree that is substantially equivalent to a sentence, on the basis of the moral certainty of the nullity. This presupposes that the tribunal ad quod would examine all the facts of the first process, besides now observations by the defender of the bond and those eventually introduced by the parties. Some indications are offered concerning the redaction of decree of confirmation - that can also be partial - with particular reference to the necessity and modality of the motivation; some examples ensue.
ISSN:1124-1179
Contains:In: Quaderni di diritto ecclesiale