Capacity of Witnesses to Testify Before Ecclesiastical Courts Cover Image

Zdolność świadków do składania zeznań przed sądami kościelnymi
Capacity of Witnesses to Testify Before Ecclesiastical Courts

Author(s): Justyna Krzywkowska
Subject(s): Law, Constitution, Jurisprudence, Canon Law / Church Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: marriage nullity; auditor; judge, testimonial letter; veracity

Summary/Abstract: Witnesses are a significant part of evidence in processes before ecclesiastical courts. They are obliged to present facts as truthfully as possible. Only these witnesses contribute to learning the truth. Elements supporting the truthfulness of witnesses are a natural habit of telling the truth, moral credibility, and liability for committing perjury. A negative factor for the truthfulness of witnesses is being of manipulative nature, having tendencies towards falsehood, as well as a willingness for obtaining something to their own advantage in return for perjury. This article presents the significance of witnesses’ testimony in the marriage nullity process before ecclesiastical courts. Proving the truth about a marriage and its nullity is often impossible via a document, therefore, it is witnesses testimony that allows learning the truth. Witnesses swear on the name of God to tell the truth and nothing but the truth.

  • Issue Year: 29/2019
  • Issue No: 4
  • Page Range: 141-153
  • Page Count: 13
  • Language: Polish