Complaint of Nullity due to Denail of Right of Defense in Second Instance and Suspension of Execution of a Confirmatory Decree: Canons 1620, 7°, 1621 and 1627
An affirmative decision given in first instance was ratified by the court of second instance. When the respondent received notification of the ratification, she complained that she had not received notification of the publication of the sentence given in first instance and therefore had no opportuni...
| Main Author: | |
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| Format: | Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
1996
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| In: |
Roman replies and CLSA advisory opinions 1996
Year: 1996, Pages: 120-122 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Holy See (motif) Codex iuris canonici 1983. can. 1620, §7
B Holy See (motif) Codex iuris canonici 1983. can. 1627 B Legal protection B Procedural error B Holy See (motif) Codex iuris canonici 1983. can. 1621 |
| Summary: | An affirmative decision given in first instance was ratified by the court of second instance. When the respondent received notification of the ratification, she complained that she had not received notification of the publication of the sentence given in first instance and therefore had no opportunity to read the sentence before it was confirmed in second instance. The respondent insists that the sentence given in first instance be returned to the court of second instance for reconsideration. It turns out that, because of a material error on the part of the court of first instance, notification of the publication of the sentence had been sent to the respondent at the wrong address and using her maiden name. How shall the court of second instance proceed? |
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| ISBN: | 0943616751 |
| Contains: | Enthalten in: Roman replies and CLSA advisory opinions 1996
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