The Libellus about Nullity of Marriage.  The Substantive and Procedural Requirements Cover Image

Skarga powodowa o nieważność małżeństwa. Wymogi materialne i formalne
The Libellus about Nullity of Marriage. The Substantive and Procedural Requirements

Author(s): Justyna Krzywkowska
Subject(s): Canon Law / Church Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: impediments; matrimonial consent; form celebration of marriage; promoter of justice; petitioner;respondent;

Summary/Abstract: All actions, legal relations and resulting from this commitments entail necessity of relevant legal regulations. Similarly, in state law and in canon law there are legal rules that define the principle for the proper preparation of pleadings. Properly written and reasoned letters are essential condition to file a lawsuit. Issue of this article is an approximation and demonstration of the requirements related to nullity of marriage. The source for the analysis of presented issues are provisions of the Code of Canon Law of 1983 (especially can. 1501-1506) and the Instruction Dignitas Connubii (art. 114-125). At the beginning, there are presented issues closely related to the canonical process of nullity of marriage: entities authorised to bring the complaint; judicial competence. Then, there is an examination of the various financial and formal requirements of nullity of marriage. At the end, there is an issue addressed at judicial attempt to reconcile the spouses.

  • Issue Year: 3/2014
  • Issue No: 2
  • Page Range: 159-175
  • Page Count: 17
  • Language: Polish