Rotal Jurisprudence on Admission/Rejection of an introductory "libellus" in marriage nullity cases
The very first juridic act which sets in motion the process for declaring a marriage null is the presentation of a properly formulated libellus. In this preliminary libellus, the petitioner must include certain elements that are necessary for its admission. Although not all elements are of equal jur...
| Main Author: | |
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| Format: | Print Article |
| Language: | Undetermined language |
| Check availability: | HBZ Gateway |
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Libreria Ed. Vaticana
2010
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| In: |
"Iustitia et iudicium" ; 3
Year: 2010, Pages: 1727-1752 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Cause of action
B Restitutio in integrum B Lament B Catholic church Rota Romana B Plaintiff B Jurisdiction B Marriage law B Procedural law B Right of action B Marriage process B Klageschrift B Ehenichtigkeitsverfahren B Nullity of marriage B Klageabweisung |
| Summary: | The very first juridic act which sets in motion the process for declaring a marriage null is the presentation of a properly formulated libellus. In this preliminary libellus, the petitioner must include certain elements that are necessary for its admission. Although not all elements are of equal juric value, some are some important that they could constitute legitimate ground for its rejection. The law in fact stipulates that a libellus must indicate the competent tribunal, the names of the parties, their domiciles and/or quasi-domiciles, the object (which is the declaration of nullity) the causa petendi, the proofs... These are necessary to establish the possibilty of initiating a formal trial on the allegation of invalidity of the marriage in question. The court must make sure, that the act of rejecting a libellus is not arbitrary and unjust, because the law also contains appropriate remedies against such an act. Doctrine and jurisprudence have indicated when a decree may be challenged seeking to remedy the arbitrary or unjust decisions of ecclesiastical courts. This brief study will examine a few Rotal decisions which have dealt explicitly with the different aspects of admission/rejection of a preliminary libellus |
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| ISBN: | 8820983524 |
| Contains: | Enthalten in: "Iustitia et iudicium" ; 3
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