CONDITIONS, PROCEDURE AND EFFECTS
INTRODUCTION
Today is the substantial rise in cases in which the spouses rather than to the court calendar, turn to Judge canon in order to get the pronunciation of nullity of marriage celebrated with religious ritual. The ruling in question, the conditions required by law, may also have effects in the civil order.
This process is completely different than the civilian, a path which is longer, is more difficult to succeed in the demonstration in question and is far more expensive. However, once you get the resolutions of the canonical measure of nullity of marriage, the marriage must be considered come nullo, come non celebrato. Il che, differisce completamente dagli effetti del comune divorzio.
Detto ciò, ora è necessario valutare meglio nel dettaglio le caratteristiche ed i presupposti di tale complesso e lungo iter procedimentale.
PRESUPPOSTI
I presupposti per ottenere una pronuncia di nullità del matrimonio canonico sono diversi, addirittura alcuni commentatori hanno contato in passato alcune centinaia di ipotesi casistiche ma sono riconducibili a poche e ben delineate “categorie”:
La mancanza di consenso da parte di uno o di entrambi i coniugi. Rientra in tale categoria la figura della simulazione e della riserva mentale, per esempio.
The absence, on the part of either spouse, the will to implement some of the essential purposes of Christian marriage. For example, fall into this category, the desire not to procreate, the violation of marital fidelity and the violation of the insolubility of marriage.
The error on the qualities of the person or spouse.
Physical violence or fear.
The possibility that the spouse or the spouse are powerless in sexual intercourse.
The suggestion, however well known that the marriage was not consummated, that the spouses have not had sex completo.A Following this you can obtain the annulment of the marriage by papal dispensation, which is a process (mainly for administrative and documentary) different from the procedure "ordinary" for a declaration of nullity of marriage.
canonical trials of First Instance
The trial must be established before the competent court, which is the place where the spouses reside or are domiciled. Standing to bring this action are the spouses and the promoter of justice, the latter only in cases where the nullity of marriage is a public right. Instead entitled to participate in the proceedings is the defender of the bond, which will be an asset in the case, if possible, to defend the marriage contract by the two spouses.
From the outset, Judge canon, before agreeing to investigate the case and will seek to implement any initiative to reconcile the spouses, thus avoiding trial.
The application consists of a pamphlet to be handed to the Judge, who, after trying unsuccessfully attempted conciliation service on the defendant or both spouses the decree of citation. After 15 days of notification, if the parties have not objected to the proceedings the court, within the additional period of 10 days, to establish by decree the formula of "doubtful". The challenge to the argument assumes considerable importance because it serves to determine the subject of the case.
Then, after another 10 days from that last notification if the parties opposed to nothing, with a further decree began investigating the matter. At this stage there is the assumption by the Court, the various tests, such as interrogation of the couple, witnesses, the taking of documents, expert opinions etc. .... With the instruction, the judge must seek reaching the conviction, the so-called "moral certainty" about the nullity of marriage or not. In case of doubt, often, the judge summoned as a witness third parties, aware of the facts, which are called "the credibility of witnesses," which are intended to complement the defensive activity initiated by the spouses. Of all this activity, the judge, under penalty of nullity proceedings, shall allow the parties and lawyers to review the documents lodged and to take copies.
Subsequently, the preliminary investigation is terminated when it is considered sufficient by the Court or when the parties declare that they have nothing more to add and you hear an ad hoc decree.
Finally, start the debate stage, where all parties exchange pleadings and, if approved, create a brief oral discussion.
After the last step above, the Judge, who is a collegiate body, meets and makes a positive response regarding whether or not the invalidity of the marriage. Following the conviction of the verbalization of the sentence must be written and published within one month of notification by the parties and notified Publicos tabellarios.
This measure, as well as to warn the parties on reciprocal moral obligations, shall act, if necessary, the civil obligations imposed on them and any duties and obligations related to the offspring.
Firm Clementoni
Alba Adriatica Teramo
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