Legal Aspects of the Office of the Defender of the Marriage Bond in the Process of Annulment of Marriage Cover Image

Prawne aspekty urzędu obrońcy węzła w procesie o stwierdzenie nieważności małżeństwa
Legal Aspects of the Office of the Defender of the Marriage Bond in the Process of Annulment of Marriage

Author(s): Arkadiusz Mirosław Czaja
Subject(s): Christian Theology and Religion, Sociology of Religion
Published by: Wydawnictwo Naukowe Uniwersytetu Papieskiego Jana Pawła II w Krakowie
Keywords: a defender of the marriage bond; marriage; process; the objective truth;

Summary/Abstract: Considering the issues related to the office of a defender of the marriage bond it is clear that the existence of this office is necessary for the common good of the Catholic Church. The reason for establishing the office of the defender was the need to protect the public interest. The defender does not represent himself or any party involved in the process but he is a representative of the Church. Therefore, it appears his service is supported by the canon law when it comes to the issues related to validity of a marriage. Hence, the defender is not to prove anything but to reasonably and properly dispute arguments made by the parties that suggest the invalidity of a marriage. The defender in the process to declare nullity of a marriage should participate in it actively so as to be able to uncover the objective truth. The main task of the defender is to present everything that argues in favour of validity of a marriage. The service of a defender of the marriage bond requires a good command of canon law as well as the ability to combine the scientific knowledge and the experience with particular human situations.

  • Issue Year: 36/2017
  • Issue No: 2
  • Page Range: 107-122
  • Page Count: 16
  • Language: Polish