Metody odkrycia prawdy procesowej przez sędziego w kanonicznym procesie małżeńskim
The methods of unveiling the truth in the matrimonial nullity process by a judge
Author(s): Aleksandra Brzemia-BonarekSubject(s): Christian Theology and Religion, Canon Law / Church Law
Published by: Wydawnictwo Naukowe Uniwersytetu Papieskiego Jana Pawła II w Krakowie
Keywords: matrimonial nullity process; objective truth; moral certitude; ecclesiastical judge;
Summary/Abstract: The assumptions of the above article, according to “first things first” rule, is to briefly remind the superior value of the matrimonial nullity process which is the objective truth. While investigating the case the ecclesiastical judge has to achieve such truth through a variety of methods of the intellectual knowledge. The author indicates and compactly describes the criteria for the judge to accomplish the truth in the process such as moral certitude, free assessment of evidence and objectivity. In the article, the attention is focused on the personality of a judge as the researcher of justice. The publication cites some characteristics and attitudes that assist the judge in the preaching of the truth but can also – under some circumstances – weaken its objectivity. The main idea of this work stipulates that no pastoral reasons could impair the moral and legal requirement to achieve the material truth in the canonical matrimonial process. This fact is contained in the Code of Canon Law as the fundamental principle of salus animarum.
Journal: Analecta Cracoviensia. Czasopismo Uniwersytetu Papieskiego Jana Pawła II w Krakowie
- Issue Year: 2016
- Issue No: 48
- Page Range: 313-329
- Page Count: 17
- Language: Polish