Awareness of the right to appoint an advocate as essential to the right of defense: Canons 1481 and 1620, 7°
"A person in a marriage case petitions a tribunal for a declaration of nullity but is never informed that he or she can seek the assistance of an advocate. Furthermore, the person is unaware that he or she has the right to request the assistance of an advocate. Later, the person asserts that he...
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| Format: | Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Soc.
2009
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| In: |
Roman replies and CLSA advisory opinions
Year: 2009, Pages: 143-145 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Catholic Church Codex iuris canonici 1983. can. 1620, §7
B Procedural law B Gerichtspersonal B Catholic Church Codex iuris canonici 1983. can. 1481 B Lawyer B Recht auf Verteidigung |
| Summary: | "A person in a marriage case petitions a tribunal for a declaration of nullity but is never informed that he or she can seek the assistance of an advocate. Furthermore, the person is unaware that he or she has the right to request the assistance of an advocate. Later, the person asserts that he or she did not understand anything about the case and was unable to carry out a competent presentation of the case, which resulted in a finding of non constat. It also appears, upon further review, that the case was not well instructed and that there are facts that suggest nullity of consent. Can the first instance decision be declared null under canon 1620, 7°, based on a denial of the right of defense?" |
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| Contains: | Enthalten in: Roman replies and CLSA advisory opinions
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