Proces o stwierdzenie nieważności małżeństwa w świetle Mitis Iudex Dominus Iesus
Process about declaration of nullity of marriage in the light of Mitis Iudex Dominus Iesus

Summary/Abstract: Pope Francis, considering the most important law of the Church salus animarum suprema lex, reformed the process of the declaration of nullity of marriage. The stimulus for undertaking work on changing the previous procedure was the ever-increasing number of the faithful, who, due to moral or physical remoteness from the Church, can not fully participate in the redemptive grace of Christ. The motu proprio Mitis Iudex Dominus Iesus, which makes changes to procedural matrimonial law, consists of seven basic objectives relating to canon law. They were expressed in the following way: 1) one judgement establishing nullity is enforcable; 2) single judge under the responsibility of a bishop; 3) the bishop is himself a judge; 4) abbreviated process; 5) an appeal to the Metropolitan Capital; 6) the own duty of the Bishops’ Conference; 7) an appeal to the Holy See. Bear in mind that Pope Francis’s reform does not make changes to substantive matrimonial law. The Church still upholds the unity and inseparabilty of the marriage ties. The changes concerning the marriage procedure are aimed at the acceleration and improvement of passing judgements in processes concerning the declaration of nullity of marriage. However, the obtaining of moral certainty by a judge during issuing a sentence still remains the guiding principle.

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