Dawne i obecne umocowania prawne procesu dokumentalnego

Abstract

This study fundamentally applies with the genesis and the present legal basis of the documentary process for nullity of marriage. The documentary process was already used in pre-coded law, although it was determined as a summary process. The current name of this procedure was found in the 1983 Code. As in the past, also in the current legislation, the documentary process is an extraordinary procedure and applies only in strictly defined circumstances. According to can. 1688 MIDI documentary process can be applied if a document subject to no contradiction or exception clearly establishes the existence of a diriment impediment or a defect of legitimate form, provided that it is equally certain that no dispensation was given, or establishes the lack of a valid mandate of a proxy. The documentary process is conducted by a sole judge, and it is the diocesan bishop or the judicial vicar or a judge designated. New since the entry into force of MIDI is the indication of the office of the diocesan bishop, who can give a judgment in this process. Court proceedings are reduced to the receiving of libellus, the appointment of the defender of the bond and the citation of the parties. After proof on the basis of the document, no publication of the act is envisaged. As a matter of discussion of the case only defender of the bond presents his observations, after which the judge pronounces the sentence.