Foreword Biographies The Reform of the Canonical Process for the Declaration of Nullity of Marriage

Transcription

1 Table of Contents Foreword Patricia M. Dugan... xi Biographies... xv The Reform of the Canonical Process for the Declaration of Nullity of Marriage... 1 Commentary on the motu proprio of Pope Francis Mitis Iudex Dominus Iesus and Mitis et misericors Iesus of 15 August 2015 Francesco Cardinal Coccopalmerio... 3 A Background to and Reasons for the New Legislation... 3 I. The proposals of the Extraordinary Synod of October 2014 and the intersynodal period... 4 II. Pope Francis s response, in the form of the two motu proprio of 15 August B The Content of the motu proprio Mitis Iudex... 7 I. The spirit and purpose of the motu proprio... 9 II. The composition of the tribunals III. The competent forum IV. The introduction of the case V. The instruction of the case VI. Abolition of the double confirming sentence VII. The processus brevior... 18

2 vi The Reform Enacted by the m. p. Mitis Iudex Some Questions Common to the three Processes for the Declaration of Nullity of Marriage set out in the motu proprio Mitis Iudex Joaquín Llobell Premise The normative nature of the procedural rules (ratio procedendi) given in the two m. p Concerning the sources of the law on declaratory processes of marriage nullity and the validity of the Instruction Dignitas connubii The right of the Diocesan bishop to withdraw from the inter-diocesan tribunal and personally judge a case with the triple procedure for declaring the nullity of a marriage Institutions of law required as essential due to the judicial and declaratory nature of each of the three procedures set out for cases of declaring the nullity of marriage The impartiality of the judge and merciful pastoral charity Equality of both spouses in the trial The free evaluation of evidence and the judge s moral certainty The abrogation of the requirement for a double conforming sentence and the right of appeal The favor veritatis and the right to a double conforming sentence Concerning the inadmissibility and the lack of grounds for appeal and its pursuance Conclusion... 59

3 Table of Contents vii The Procedural Dynamics of the motu proprio Mitis Iudex Paolo Moneta Inspirational Principles of the Pontifical Reform The Introductory Phase of the Case The Ordinary Process The Shorter Process Before the Bishop The Requirements for the Briefer Process a. The Agreement of the Parties b. Evidence of Nullity and Immediate Availability of the Proofs The Preliminary Phase of the Shorter Process The Instructor The Shorter Process Before the Bishop ********* Documentary Appendix Litteræ apostolicæ motu proprio datæ Mitis Iudex Dominus Iesus Apostolic Letter motu proprio Mitis Iudex Dominus Iesus Litteræ apostolicæ motu proprio datæ Mitis et Misericors Iesus Apostolic Letter motu proprio Mitis et Misericors Iesus ***********

4 viii The Reform Enacted by the m. p. Mitis Iudex Mens presented by the Dean on the Roman Rota Rescriptum ex audientia L entrata in vigore, on the Implementation and Observation of the New Law on Matrimonial Procedures ********* Responses of the Pontifical Council for Legislative Texts Response Prot. N /2015, Vatican City, 1 st October 2015: On the conversion of the formal process to the processus brevior Response Prot. N /2015, Vatican City, 1 st October 2015 On the consent of both parties as requirement for processus brevior (new can of Mitis Iudex) Response Prot. N /2015, Vatican City, 13 October 2015 On the Suffraganeus antiquor on the new canon Mitis Iudex Response Prot. N /2015, Vatican City, 13 October 2015 Whether a special papal provision given for Italy is still in force Response Prot. N /2015, Vatican City, 18 November 2015 Concerning the validity of the authentic interpretation of former canon Response Prot. N /2015, Vatican City, 18 November 2015 Concerning application of the motu proprio Mitis Iudex Dominus Iesus

5 Table of Contents ix Response Prot. N /2015, Vatican City, 12 January 2016 Whether, in a case of the declaration of nullity of marriage, the petitioner can appeal to third instance Response Prot. N /2016, Vatican City, 12 February 2016 Some questions concerning the constitution of the diocesan tribunal Response Prot. N /2016, Vatican City, 8 April 2016 Two questions concerning the procedural rules and the new canon can of the m.p. Mitis Iudex ************ Postface : Allocutions of Pope Francis Address of his holiness pope Francis to the officials of the tribunal of the Roman Rota for the inauguration of the judicial year Clementine Hall Friday, 22 January Address of his holiness pope Francis to participants in the course promoted by the tribunal of the Roman Rota Paul VI Audience Hall Saturday, 12 March