Nota sulla sentenza nel processo di appello

This short note presents the peculiar properties of a sentence in an appeal process. Such sentence does not have as ist object the sentence given at the previous jugdement, but the moral certainty concerning the nullity/validity of the marriage. That which is confirmed (or reformed) is, in fact, the...

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Bibliographic Details
Published in:Quaderni di diritto ecclesiale
Main Author: Pavanello, Pierantonio 1955- (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: 222-226
IxTheo Classification:SB Catholic Church law
Further subjects:B Vocation Procedural law
B Procedural law
B Law
B Catholic church Codex iuris canonici 1983. can. 1640
B Vocation
B Judgment
B Canonical process
B Appellate courts
Description
Summary:This short note presents the peculiar properties of a sentence in an appeal process. Such sentence does not have as ist object the sentence given at the previous jugdement, but the moral certainty concerning the nullity/validity of the marriage. That which is confirmed (or reformed) is, in fact, the dispositive part of the sentence. In the in iure section there should be presented those specific principles to which it was resorted for a solution of the case and in the in facto section there should be examined together both the elements of proof that would have been gathered in the previous degree of judgement and those resulting from the ordinary examination of the sentence, placing them within the core of a coherent frame.
ISSN:1124-1179
Contains:In: Quaderni di diritto ecclesiale