Published: 2018-04-16

Commentary on the decree of the Court of the Rota of the Apostolic Nunciature in Spain c. Moran Bustos of 1 April 2007 on the jurisdiction of the case brought as nova causae proposition

Tomasz Białobrzeski
Ius Matrimoniale
Section: Orzecznictwo sądowe
https://doi.org/10.21697/im.2018.29.2.06

Abstract

The decree presented below does not constitute a substantive decision on the declaration of nullity of marriage filed as nova causae propositio. It refers to the question of pre-trial competence of the tribunal, which is to deal with the case in the next instance, when the definitive sentence has already been passed.

The conflict arose because two ecclesiastical courts – the Court of the Spanish Rota and the interdiocesan second instance court – recognised their jurisdiction in the case. Eventually, the Supreme Tribunal of the Apostolic Signatura issued the matter, recognising the jurisdiction of the Spanish Rota Tribunal in the referenced case.

Keywords:

Court of the Rota of the Apostolic Nunciature in Spain, declaration of nullity of marriage, new presentation of the case

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Citation rules

Białobrzeski, T. (2018). Commentary on the decree of the Court of the Rota of the Apostolic Nunciature in Spain c. Moran Bustos of 1 April 2007 on the jurisdiction of the case brought as nova causae proposition. Ius Matrimoniale, 29(2), 133–147. https://doi.org/10.21697/im.2018.29.2.06

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