Short Duration of Conjugal Living Symptomatic of Manifest Nullity of Marriage. A Commentary on the Sentence of c. Skworc of 19 March 2016 (Total Simulation on Both Sides)
Short Duration of Conjugal Living Symptomatic of Manifest Nullity of Marriage. A Commentary on the Sentence of c. Skworc of 19 March 2016 (Total Simulation on Both Sides)

Summary/Abstract: The study is a commentary on the unpublished sentence of c. Skworc of 19 March 2016. It discusses in detail the structure of the sentence: the course of the case as well as legal and factual motives. The sentence is an example of the application of the norms of the briefer matrimonial process before a bishop in Polish jurisprudence. The present study is based on the author’s own research – an analysis of the files of Polish ecclesiastical courts – to illustrate the number of sentences declaring the nullity of marriage in a briefer process due to total simulation (can. 1101 § 2 of the Code of Canon Law). The purpose of this commentary, due to the lack of similar studies in Polish, is to assist the representatives of the ecclesiastical judiciary in Poland in the application of the norms of the briefer matrimonial process before the bishop.

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