Abstract

Some authors affirm that the prohibition to delegate the judicial power to pronounce sentence (cc. 135, 3) includes the diocesan bishops (titulars of the proper ordinary power). However, the CIC (and the CCEO) allows the diocesan bishop to delegate the judicial power to pronounce sentence, referring explicitly in two occasions to the judges or tribunal delegates of the diocesan bishops: cc. 1495 and 1512, 3. These norms would lack any sense without the possibility of the delegation in question. The prohibition to delegate the judicial power to pronounce sentence refers only to the titular of the vicarious judicial power. To the typical modality of the classical reconvention, the compensatory, the CIC and the CCEO have added another modality founded on the objective connection of the cases. The said connection allows its use in matrimonial cases.

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