Geneze, vývoj a opuštění principu dvojího shodného rozsudku v manželských záležitostech
The Emergence, Further Development and Abandonment of the Principle of Dual and Coinciding Sentences in the Declaration of the Nullity of Marriage

Summary/Abstract: The article examines the emergence and further development of the principle of dual and coinciding sentences (sententia conformis duplex) in the declaration of the nullity of marriage. This obligation instituted by Pope Benedict XIV in the Apostolic Constitution Dei miseratione from 1741 should have avoided too benevolent a declaration of the nullity of marriage by religious courts. In a modified form, it has been accepted into both Western Codes of Canon Law (of 1917 and 1983), as well as the Eastern Codex Canonum Ecclesiarum Orientalium. Pope Francis was the first who resigned to it in his motu proprio Mitis Iudex (for the Western Church), respectively Mitis et misericors Iesus (for the Catholic Churches of the East), in order to accelerate the matrimonial processes and enable applicants’ access to the sacraments.

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