Proposte di soluzione a fronte dell'approccio oppositivo della parte convenuta

A concrete problem that can be encountered in the marriage nullity process lies in the involvement of the defendant who opposes the judgment. The doctrine agrees in emphasizing the importance of the fact that the judge can overcome the conflicting approach of the respondent, arising from the presen...

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Bibliographic Details
Main Author: Lobiati, Paolo Giuseppe Maria 1979- (Author)
Format: Print Article
Language:Italian
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Published: Monitor Ecclesiasticus 2019
In: Monitor ecclesiasticus
Year: 2019, Volume: 134, Issue: 1, Pages: 167-194
Standardized Subjects / Keyword chains:B Nullity of marriage / Marriage process
IxTheo Classification:SA Church law; state-church law
SB Catholic Church law
Further subjects:B salus animarum
Description
Summary:A concrete problem that can be encountered in the marriage nullity process lies in the involvement of the defendant who opposes the judgment. The doctrine agrees in emphasizing the importance of the fact that the judge can overcome the conflicting approach of the respondent, arising from the presence of unresolved conflicts due to issues unrelated to the sacrament. For this we will analyze the twofold path proposed by Msgr. Jaeger, in his jurisprudential work: the general, or remote, and the particular, or rather proximate, which is experienced above all in the preliminary investigation. Indeed, this work is intended to safeguard the ultimate goal of the canonical order as the achievement of the salus animarum that is pursued through the application of the legal instrument of the process.
ISSN:0026-976X
Contains:Enthalten in: Monitor ecclesiasticus