Published: 2024-12-12

The service of the defender of the marriage bond in favour of protection the validity of marriage in the briefer matrimonial process before the bishop

Kamil Krakowski
Ius Matrimoniale
Section: Rozprawy i artykuły
https://doi.org/10.21697/im.2023.35.2.05

Abstract

The article focuses on the analysis of the procedural tasks undertaken by the defender of the bond in the briefer process to declare the nullity of marriage. The new norms introduced by Pope Francis in 2015 have not changed the position and nature of the service of the defender of the bond. His participation in the briefer process is obligatory, because he acts as a public party, whose purpose is to protect the sacrament of marriage as a public good of the Church. The task of the defender of the bond is to convey, seek and propose to the judge arguments against the invalidity of marriage. The article also includes the analysis of the service of the defender of the bond in all phases of the briefer process. Due to the simplified procedures and the rapid mode of proceedings, his participation in the process should be active, insightful, reliable and substantive. The article indicates legal tools that the defender of the bond can properly fulfill his service to protect the validity of marriage. Moreover, the article analyses the issue of the effectiveness of the service of the defender of the bond in the conditions and circumstances of the briefer matrimonial process before the bishop.

Keywords:

defender of the bond, briefer matrimonial process to declare the nullity of marriage, marriage bond, diocesan bishop

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Citation rules

Krakowski, K. (2024). The service of the defender of the marriage bond in favour of protection the validity of marriage in the briefer matrimonial process before the bishop. Ius Matrimoniale, 35(2), 117–139. https://doi.org/10.21697/im.2023.35.2.05

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