Walor dowodowy confessio simulantis w orzecznictwie Trybunału Roty Rzymskiej
A proof value of confessio simulantis in the Roman Rota Judicature

Summary/Abstract: An important novum in the Code of Canon Law dated 1983 is placing a proof value on statements of parties in nulliatits matrimonii cases (can. 1536 § 2), which is repeated in Dignitas connubii Instruction (art. 180 § 1). What is more, it is stated in art. 181 of this Instruction that when it comes to extrajudicial statements of parties concerning the validity of marriage as well as other their extrajudicial statements presented in court, it is a judge whose role is to evaluate their importance, after considering all circumstances. Francis’ Mitis Iudex motu proprio on the other hand states that in cases on the validity of marriage court testimonies and statements of parties, the credibility of which is importantly supported by witnesses, can serve as full evidence, which should be evaluated by a judge who takes all hints and circumstantial evidence into account. The analysis of the Roman Rota judicature in cases on simulation enables to learn about a number of interpretational rules developed by this tribunal both in relation to confession iudicialis and extraiudicalis. At the same time it confirms that the proof value in the form of confession simulantis in the area of the abovementioned category of matter is of importance.

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