Published: 2022-12-27

Incidental causes in the marriage nullity process

Wiesław Kiwior
Ius Matrimoniale
Section: Rozprawy i artykuły
https://doi.org/10.21697/im.2022.33.2.03

Abstract

Abstract: The research carried out on the issue of incidental causes in the marriage nullity process, regulated in the Code of Canon Law (1983) and the procedural instruction Digni- tas connubii (2005), shows that it is a complex and difficult issue. This refers to the concept of an incidental cause (the definition of the legislator and in the doctrine); the way of examining and dealing with incidental causes that arise in the course of the principal case; the role of incidental causes in seeking truth and the safeguarding of justice in a specific case concerning the nullity of marriage; the way the judge and litigants handle incidental causes. The provisions regulating the issue of incidental causes in the declaration of the nullity of marriage aim to ensure quick examination and resolution of the principal case, reducing delays in the trial caused by the litigants, and safeguarding the right to

defence of the parties. Appropriate balancing of these two directions is not an easy task.

Keywords:

definition of the incidental cause, declaration of the nullity of marriage, procedure in an incidental cause, rejection in limine, incidental decision, revoking or changing the incidental decision, appeal against the incidental decision

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Citation rules

Kiwior, W. . (2022). Incidental causes in the marriage nullity process. Ius Matrimoniale, 33(2), 91–114. https://doi.org/10.21697/im.2022.33.2.03

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