Abstract
This paper focuses on the meaning, purpose and juridical regime of the of the as a concrete phase established by the canon law when regulating the process for the declaration of nullity of marriage. The principle embedded in canon 1598 ius defensionis semper integrum maneat, plays a remarkable role. As John Paul II said, this principle guide all judicial activity of the Church. Throughout this essay this principle is interpreted in a systematic way in order to solve those problems of interpretation that may arise when the wording of articles 229-236 of the Instruction Dignitas Connubii, do not exactly follow the regulation enshrined in canon 1598 of the Canonical Code. Besides, several dispositions of the aforementioned Instruction are critically analyzed as long as they are deemed seriously disruptive for both the rights of defense and the relationship of trust that should exist between the advocate and his client. This article focuses specifically on the faculties granted to the clients and advocates to look through the acts of the legal proceeding and to obtain copies of them. Alongside the faculty granted to the judge to decide that a specific act must be shown to no one is also deeply discussed, all from the perspective that the right of defence must always remain intact and starting form the premise that this right belongs personally to the party judged, as the lawyer is always acting in his name. Finally, the last part of this essay is centered both on the penalty of nullity referred to in canon 1598 (that seems to be qualified as irremediable except for those exceptional cases that can be included in canon 1622) and on a brief analysis of the chance that the client and the advocate have to propose additional proofs or a variation of dubium after the publication of the acts.
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