Published: 2026-06-30

The formation of judgment between canon law and civil law: moral certainty as a decisional criterion

Giovanni Margherita
Ius Matrimoniale
Section: Rozprawy i artykuły
DOI https://doi.org/10.21697/im.2637106

Abstract

This study examines the formation of judgment within the Italian civil and canonical systems, exploring the principle of the judge’s free evaluation and the pursuit of truth in judicial proceedings. It analyzes moral certainty as a hermeneutic criterion for attaining real truth and traces its historical evolution, emphasizing its uniqueness within the canonical legal system. The discussion highlights the differences between procedural and substantive truth, illustrating how the judge, through the prudent assessment of evidence, strives for a fair trial in accordance with Article 111 of the Italian Constitution. Finally, the study focuses on the crucial role of reasoning in judicial decisions, ensuring outcomes that are both legally sound and morally certain.

Keywords:

formation of judgment, the judge’s free evaluation of the evidence, moral certainty, due process, procedural truth and substantive truth, matrimonial canon law, Italian civil judge, reasoning of the judgment

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Citation rules

Margherita, G. (2026). The formation of judgment between canon law and civil law: moral certainty as a decisional criterion. Ius Matrimoniale, 37(1), 105–124. https://doi.org/10.21697/im.2637106

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