The New Proposition of a Cause of Matrimonial Nullity before the Local Appellate Tribunal (cf. CIC c. 1681; CCEO c. 1367)
Included within the competence of the local appellate tribunal is its ability and duty to receive the new proposition of a cause already decided at the first instance tribunal without the interposition of an appeal. Although the general norms on trials present this remedy of law as one available aga...
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| Format: | Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
2023
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| In: |
The jurist
Year: 2023, Volume: 79, Issue: 1, Pages: 41-98 |
| Standardized Subjects / Keyword chains: | B
Marriage law
/ Nullity
/ Marriage process
/ Canonical process
/ Legal reform
/ Geschichte 2015
/ Catholic church, Verfasserschaft1, Codex iuris canonici (1983). 1691
/ Catholic church, Verfasserschaft1, Codex iuris canonici (1983). 1691,1
/ Catholic church, Verfasserschaft1, Codex canonum ecclesiarum orientalium
/ Catholic church, Verfasserschaft1, Codex canonum ecclesiarum orientalium. 1357-1400
/ Catholic church, Verfasserschaft1, Codex canonum ecclesiarum orientalium. 1357-1377
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| IxTheo Classification: | SA Church law; state-church law SB Catholic Church law |
| Summary: | Included within the competence of the local appellate tribunal is its ability and duty to receive the new proposition of a cause already decided at the first instance tribunal without the interposition of an appeal. Although the general norms on trials present this remedy of law as one available against a double conforming sentence in causes concerning the status of persons, the specific norms on the marriage nullity process provide for it even against a single sentence. Against an executive affirmative sentence issued in first instance, the legitimate party may request a new examination of the cause before either the local appellate tribunal or the Roman Rota, provided that he present new and grave proofs or arguments that probably demand a contrary decision. Against an un-appealed negative sentence after expiration of the time limits for appealing, the cause may be simply presented before the local appellate tribunal or the Roman Rota with a motivated request for its reformation, or correction, without needing to indicate any new and grave proofs or arguments. |
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| ISSN: | 0022-6858 |
| Contains: | Enthalten in: The jurist
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