Sposoby powoływania biegłego do udziału w procesie kanonicznym
Ways of Appointing Experts to Participate in a Canonical Process

Summary/Abstract: The high level of modern science makes it necessary in many areas to consult experts of concrete disciplines in order to reach a court decision. Canon Law also speaks of such an expert (Latin: peritus). Such a person, specialist in a certain field of knowledge, on the basis of the judge’s decision, gives opinion, based on proper knowledge and skills, for the purpose of the concrete process, concerning the existence, nature and qualities of a questionable fact. The paper presents the role of a court expert witness in the canonical process concerning the nullity of marriage in the light of the Code of Canon Law of 1983. The first section presents an axiological analysis and the qualifications of a court expert. In the next part, the author tried to find an answer to the question who can be such an expert. Such a function cannot be held in a Church court by the following: the parties involved and those who appear in court on their behalf, the judge and his assistants, the lawyer and others who assisted ore are assisting the parties in the concrete case (physician caring for the parties of the trial, confessor) . The last part of the article speaks about how an expert is appointed. The article is a contribution to a continuous, in-depth analysis of this important topic.

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