Proofs acquired illicitly in processes declaring the nullity of marriage Cover Image

Proofs acquired illicitly in processes declaring the nullity of marriage
Proofs acquired illicitly in processes declaring the nullity of marriage

Author(s): Małgorzata Koterba
Subject(s): Christian Theology and Religion, Law, Constitution, Jurisprudence, Theology and Religion, Canon Law / Church Law
Published by: Warszawska Prowincja Redemptorystów
Keywords: proof; liceity; process the nullity of marriage; moral certitude

Summary/Abstract: When assessing the liceity of the proof brought forwarded by the parties inthe process and, at the same time, deciding about the approval or refusal of it,it is necessary to examine an array of elements, among others, the usefulness ofthe proof in the process, the way the party has acquired the proof, whether itwas in the period of the marriage and what is the goal of furnishing such proof(e.g. disclosure of confidential content, unknown to anyone, etc.). The issueconcerning the rejection or approval of the illicit proof is not so simple as setforth in can. 1527. Except for the assessment and examination of the methodand content of the furnished proof, it is also necessary to consider the good ofthe Church community, towards which a specific marriage is contracted.

  • Issue Year: 2015
  • Issue No: 13
  • Page Range: 411-426
  • Page Count: 16
  • Language: English