Moral Certainty of the Judge in the Canonical Process to Determine the Nullity of Marriage v. the Principle Testis Unus Testis Nullus

Abstract

The present article discusses the issue of moral certainty in the canonical process for the annulment of marriage and analyzes the problem of applying the procedural principle testis unus testis nullus. The reason for undertaking the subject was the publication in 2015 of two papal documents of the rank of apostolic letters, which introduced significant changes in the area of the process for the annulment of marriage. One of the aspects that underwent legislative modification was the principle testis unus testis nullus. It was decided that in marriage cases the testimony provided by a single witness may have the value of complete proof, provided that certain conditions are met. Therefore, the current considerations are an attempt to find an answer to the question whether the judge who takes a decision in marriage cases on the grounds of a single-witness testimony is able to achieve inner conviction (certitudo moralis) with regard to the factual state of the matter, and pass a verdict in accordance with the truth. In addition, the article outlines the legal construct of moral certainty, characteristic of canon law, and discusses the principle testis unus testis nullus within the framework of the existing canon law, taking into account a broad historical perspective, including both the biblical-canonical tradition as well as Roman law.