Apelacja ze strony obrońcy węzła małżeńskiego we współczesnym zreformowanym procesie małżeńskim
Appeal by the protector of marital node in the modern reformed matrimonial process

Summary/Abstract: The canonical marital process is intended to extract truth concerning the contestedmarriage. It must be conducted very carefully, in accordance with the formal canonicalprocess law in force. Furthermore, adaptation to a specific case of the material canon lawof marriage should be compliant with its proper application. The two mentioned areas,that differ from the formal point of view, can constitute a subject of a possible appeal bythe protector of marital node. Wherein, in the situation of a gross breach of the moderncanonical matrimonial process itself, the protector of marital node will be allowed to submita complaint seeking nullity of the judgement. The protector of marital node fulfils histasks in three present forms of the matrimonial process, it means in the ordinary process(thus, practically in the one that takes place most frequently), the bishop’s process (that,being a new form of adjudication should be specially taken care of when it comes to thecorrectness of its application and method of adjudication) and the documentary process.In particular, when analysing the problem of appeal by the protector of marital node, thePope Francis’s reform of the year 2015 suggests two questions. Firstly, is the first positivejudgement made in the ordinary process adjudicated and justified fairly enough in theissued judgement to, in accordance with the mentioned reform, be acknowledged as anenforceable. And especially, have there successively occurred conditions for conductingthe coram episcopo shortened process, was it conducted in a correct manner when itcomes to its fundamental elements, and also whether the formulated judgement complieswith the requirements of a justified positive ruling. At present, as the result of theprocess reform performed by Pope Francis, a significant number of authors highlightsthe responsibility of the protector of marital node as a present canonical marital process,especially in relation to the appeal presented by him. Rephrasing this – rota magisteriumof John Paul II of 1988 is still current. It states that the protector of marital node should adjust his activities to the various stages of the marital process—it should be added—thatalso to its various present forms.

• Details
• Contents