Faza formacyjna dekretów poszczególnych w kanonicznym porządku prawnym (kan. 50 KPK)
The formative phase of singular decrees (can. 50 CIC) in the canonical legal order

Summary/Abstract: The author of the presented article carried out a thorough analysis of can. 50 CL which concerns the formative phase of singular decrees. The main focus of his attention were two issues: the question of the necessity to seek out information and proofs and the problem of hearing those whose rights can be injured. Moreover, the author deliberated on particular questions concerning the act of deciding on the basis on distorted proofs. Taking into consideration the contents of can. 50 CL he proved that disregarding the conditions codified in this norm does not result in the invalidity of an issued decree since the obligations of the power determined in can. 50 CL are of a moral nature. The author believes that such an exception to the rule would only take place if following a specific procedure before issuing a decree would be a factor determining the legality of the act.

• Details
• Contents