The Use of Different Means of Proofs in Marriage Nullity Cases on the Ground of Dolus (CCEO c.821 and CIC c. 1098)
Marriage nullity trials do not concern a right of one party and the corresponding obligation of another, but rather the confirmation of a juridic act which must have both substantial and formal elements for them to be valid. Matrimonial trials serve to ascertain whether factors invalidated a marriag...
| Main Author: | |
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| Format: | Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
[2018]
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| In: |
Iustitia
Year: 2018, Volume: 9, Issue: 1, Pages: 51-94 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Evidence
B Process B Marriage process B Nullity of marriage |
| Summary: | Marriage nullity trials do not concern a right of one party and the corresponding obligation of another, but rather the confirmation of a juridic act which must have both substantial and formal elements for them to be valid. Matrimonial trials serve to ascertain whether factors invalidated a marriage according to natural, divine or ecclesiastical law. To establish the alleged non-existence of a marriage bond, proofs are essential. This paper tries to analyze various means of proofs and the constitutive elements of dolus as a ground of marriage nullity. |
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| ISSN: | 2248-9789 |
| Contains: | Enthalten in: Iustitia
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