Remedy in the case of a faulty declaration of nullity of a definitive sentence
"Our tribunal issued a negative decision in a cause of marriage nullity, and the petitioner appealed it to the ordinary appellate tribunal. The appellate tribunal declared the sentence irremediably null due to the absolute incompetence of the judge and due to a defect in the power of judging (c...
| Main Author: | |
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| Format: | Print Article |
| Language: | Undetermined language |
| Check availability: | HBZ Gateway |
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Soc.
2011
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| In: |
Roman replies and CLSA advisory opinions
Year: 2011, Pages: 122-125 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Procedural law
B Catholic church Codex iuris canonici 1983. can. 1626 B Legal remedy B Nullity B Invalidity appeal B Marriage process B Ehenichtigkeitsverfahren B Legal protection B Judgment |
| Summary: | "Our tribunal issued a negative decision in a cause of marriage nullity, and the petitioner appealed it to the ordinary appellate tribunal. The appellate tribunal declared the sentence irremediably null due to the absolute incompetence of the judge and due to a defect in the power of judging (c. 1620, 1°-2°). This conclusion was reached due to the invalid appointment of an associate judge, who had initially been assigned as defender of the bond in the case but had been substituted by another. We noticed that the appellate tribunal did not cite the promoter of justice before declaring the sentence null. Was this sentence legitimately declared null? If not, what can we do about it?" |
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| Contains: | Enthalten in: Roman replies and CLSA advisory opinions
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