Gwarancja sprawiedliwości oraz reforma procesu małżeńskiego widziana przez pryzmat konieczności jego przyśpieszenia i ułatwienia wiernym kontaktu z trybunałem; przygotowanie pracowników i odpowiedzialność biskupa
The Guarantee of Justice and Reform of the Process of Marriage as seen Through the Prism of Necessity its Acceleration and Facility the Faithful. The Contact with a Tribunal; Preparation of Employees and the Responsibility of the Bishop
Author(s): Paweł MalechaSubject(s): Canon Law / Church Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: acceleration of the process;access to the tribunal;preparation of employees;responsibility of the diocesan bishop;guarantee of justice;reform of the matrimonial process;mercy;truth;
Summary/Abstract: The article concerns the issues relating to the need to make more efficient, more accessible and possibly totally free of charge process leading to the declaration of the nullity of marriage, the preparation of tribunal’s employees and the responsibility of the diocesan bishop.At the beginning the author presented the proposals of Relatio Synodi (no. 48 and 49) with regard to the above mentioned issues. They are confronted with the changes introduced to the canonical process for cases of the nullity of marriage, introduced by Pope Francis in motu proprio Mitis Iudex Dominus Iesus and Mitis et Misericors Iesus that were signed on August 15, 2015 and published on September 8, 2015. The paper discusses the reception – in the mentioned documents – the reform of Pope Francis proposals contained in the final document Relatio Synodi of Extraordinary Assembly of the Synod of Bishops in October 2014.The analysis shows that it has been upheld as a fundamental principle which implies to find the objective truth concerning the validity of the bond. With this particular reason, mercy can never ignore the truth. Successively various ways are indicated (often unused) that offered law previously in force, which made the procedure for the examination of nullity of marriage more accessible and more agile, and also is discussed the issue concerning the court costs and free service.The same issues are then analyzing and presenting in the light of the new regulations. In turn, the author stops on the issue of the preparation of employees, clerics and lay persons paying attention to the duties and responsibility of the diocesan bishop. In conclusion the author tries to answer the question of how the new regulations guarantee observance of justice in the process of marriage.
Journal: Roczniki Nauk Prawnych
- Issue Year: 25/2015
- Issue No: 4
- Page Range: 151-175
- Page Count: 25
- Language: Polish