Direct and indirect confrontation in the canonical process to declare the nullity of marriage Cover Image

Konfrontacja bezpośrednia i pośrednia w kanonicznym procesie o nieważność małżeństwa (kan. 1560 § 2 KPK)
Direct and indirect confrontation in the canonical process to declare the nullity of marriage

Author(s): Krzysztof Oskar Pokorski
Subject(s): Canon Law / Church Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: canonical process; examination; nullity of marriage; examination; proofs;

Summary/Abstract: The argumentation is the central part of the canonical processes. The process is not possible without it. The proofs collected during the instruction lead the judge to the moral certitude about the matter. One of the proof allowed by the legislator is the confrontation. The legislator does not define the concept of confrontation, but only shows its purpose, general conditions and the possibilities of its survey. Confrontation is a specific way of examination. It is difficult to carry out a confrontation. The judge has to prepare it carefully. But confrontation can help the judge in finding the truth if it is applied according to prescripts of the canon law.

  • Issue Year: 2019
  • Issue No: 45
  • Page Range: 229-240
  • Page Count: 12
  • Language: Polish