Il Contributo di P. Benito Gangoitti Elorriaga, O.P. al Progretto per il "Processo Documentale": Elaborato nell'Ambito della Facoltà di negli Anni Settanta del Seculo XX
The project for the ‘documentary process’ put together by the teachers of the Faculty of Canon Law of the Pontifical University of St Thomas Aquinas in the 1970s takes its place in an evolving phase of the law of the Church in which the old rules had to be revised and adapted in the light of the nee...
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| Format: | Print Article |
| Language: | Italian |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2020
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| In: |
Angelicum
Year: 2020, Volume: 97, Issue: 3, Pages: 433-452 |
| Summary: | The project for the ‘documentary process’ put together by the teachers of the Faculty of Canon Law of the Pontifical University of St Thomas Aquinas in the 1970s takes its place in an evolving phase of the law of the Church in which the old rules had to be revised and adapted in the light of the needs of those years and of the spirit of the Second Vatican Council. In particular, Fr Benito Gangoiti Elorriaga, O.P., maintained that the moduli or procedural structures, in the matrimonial ambit, should be modelled according to the different degree of evidence that a cause presents at its opening. He identified three different types of potential procedures for nullity of marriage: causes based on certain and authentic documents that do not require investigative work of the intellect because they are already clear from the start; causes where there are from the very beginning of the process sources of proof especially significant which do not demand a particularly complex investigative task; causes in which at the beginning of the process there is evidenced only the possibility of nullity. Today we find the three ways put forward by Fr Benito Gangoiti Elorriaga, O.P. contained in the reform of the process of matrimonial nullity brought about in 2015. |
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| ISSN: | 1123-5772 |
| Contains: | In: Angelicum
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