La modificación «ex officio» de la fórmula de la duda, la certeza moral y la conformidad de las sentencias en la Instrucción "Dignitas connubii"

Joaquín Llobell

doi:10.15581/016.46.14618

Joaquín Llobell e-mail

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Published: Jun 1, 2006

DOI: https://doi.org/10.15581/016.46.14618

How to Cite

Llobell, J. (2006). The «ex officio» modification of the formulation of the doubt, moral certainty, and the conformity of the sentences in the Instruction Dignitatis connubii. Ius Canonicum, 46(91), 139-176. https://doi.org/10.15581/016.46.14618

Authors

Joaquín Llobell e-mail

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Abstract

141

The judge can modify ex officio the object of the case for nullity of the marriage, although it appears to be formally prohibited by can. 1514 and now also by Dignitas connubii art. 136. This position tends to promote the declaration of truth over the validity or nullity of the marriage and avoids formalisms and useless time-wasting. The «moral certainty» is not merely a subjective state of the judge, but also contains a wide objective content: it must be based on the acts of the process, which must have the capacity to justify in their motivation the decision to produce the same certainty in the appeals court. The «moral certainty» is judicial. The judge cannot use a moral certainty «borrowed» from the experts or the interested parties. So that the sentences pro nullitate matrimonii may allow for a new marriage, they must be concordants. Dignitas connubii has incorporated the interpretation of two sentences concordants developed by the Roman Rota: the substantial conformity in which the ground of nullity is a separate sentence from the second.

Keywords

Marriage process, Judicial certainty, Conformity of sentences

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Issue

Vol 46 No 91 (2006)

Section

Articles: The Instruction "Dignitas connubii" on marriage annulment proceedings

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