Requisitos y defectos de la motivación de la sentencia canónica
In every legal system, the exercise of the right to due process for conflict resolution is a necessary requirement to obtain a solution in accordance with the law. The natural outcome of the judicial process is articulated in the ruling issued in the judgment. The importance of reasoning lies in the...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | Spanish |
| Check availability: | HBZ Gateway |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2025
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| In: |
Ius canonicum
Year: 2025, Volume: 65, Issue: 129, Pages: 9-48 |
| Further subjects: | B
Requisitos y defectos de motivación
B Nulidad de sentencia B Sentencia B Derechos a la tutela judicial B Justo proceso B Racionalidad |
| Online Access: |
Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
| Summary: | In every legal system, the exercise of the right to due process for conflict resolution is a necessary requirement to obtain a solution in accordance with the law. The natural outcome of the judicial process is articulated in the ruling issued in the judgment. The importance of reasoning lies in the logical argumentation that justifies the judge’s decision both to the parties involved and to society as a whole. This paper aims to highlight the commanding force and significance that reasoning holds in canon law, as it does in other legal systems. Its legal protection under penalty of nullity demonstrates its status as an essential requirement for the fair application of the law. Delving into its requirements and exposing its flaws or deficiencies enable an exploration of both the theoretical and practical aspects of law; legislation and judicial practice constitute two fundamental pillars for the progressive enhancement of the quality of decision justification as a guarantee of justice. |
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| ISSN: | 2254-6219 |
| Contains: | Enthalten in: Ius canonicum
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| Persistent identifiers: | DOI: 10.15581/016.129.004 |
