Prawo do rozpatrzenia sprawy małżeńskiej przez sąd kościelny
The right to a hearing before an ecclesiastical court in matrimonial matters

Summary/Abstract: The possibility of challenging the validity of marriage derives mainly from the right to protection of subjective rights of the faithful. This is due to the concern over the unity of the community, maintaining legal order, as well as the need for protection of certain values that create the image of the Catholic Church among its community and third parties. It is for the freedom of choice and the right to marriage of every human being, that the possibility of challenging the validity of marriage is crucial. In the context of the rights of the faithful, the declaration of nullity of marriage protects its sacramental dimension. A marriage between baptised persons that is null does not bring God’s grace. Since the faithful do not fully realise this, it is the clergy’s responsibility to guard the validity of marriage. In some cases, remaining in a marriage that is invalid does not only harm the spiritual good of the parties, but also affects the moral condition of the whole Church community.

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