Tribunal Competence When Respondent's Whereabouts are Unknown: Canon 1673
Whenever a respondent's whereabouts are unknown, a certain tribunal of the place of the petitioner routinely claims competence to judge the case by citing Article IV, §1, c) of the motu proprio Causas matrimoniales as the basis of its claim even when the tribunal of the place in which the marri...
| Autor principal: | |
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| Tipo de documento: | Print Artigo |
| Idioma: | Inglês |
| Verificar disponibilidade: | HBZ Gateway |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Publicado em: |
2006
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| Em: |
Roman replies and CLSA advisory opinions
Ano: 2001, Volume: 3, Páginas: 446-452 |
| (Cadeias de) Palavra- chave padrão: | B
Igreja católica, Verfasserschaft1, Codex iuris canonici (1983). 1673
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| Classificações IxTheo: | SA Direito eclesiástico SB Direito canônico |
| Resumo: | Whenever a respondent's whereabouts are unknown, a certain tribunal of the place of the petitioner routinely claims competence to judge the case by citing Article IV, §1, c) of the motu proprio Causas matrimoniales as the basis of its claim even when the tribunal of the place in which the marriage was celebrated is not too far away. I have two questions to ask in respect to this case scenario. First, is it legitimate to cite Causas matrimoniales in a case like this even after the promulgation of the new Code of Canon Law? Second, should not this tribunal direct the case to be judged by the tribunal of the place in which the marriage was celebrated according to the norm of canon 1409, §2? |
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| Obras secundárias: | Enthalten in: Roman replies and CLSA advisory opinions
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