Stjecanje moralne sigurnosti u ženidbenom sudskom postupku

Abstract

The article deals with the issue of achieving moral certitude in the conscience of the judge based on documents and evidence put forward in petitions for declaration of nullity of a marriage. A brief comparison is drawn between Cann. 1608 of the 1983 Code of Canon Law and Article 247 of the Instruction Dignitas Connubi, and, based on this comparison, the development and understanding of the concept of moral certitude is demonstrated. A clear distinction is made between the concept of moral certitude and the concept of absolute certitude as well as the concept of quasi–certainty or probability. The definition of moral certitude and its content is explained in accordance with the teachings of Pius XII and John Paul II, that is to say, in keeping with their respective addresses to the Roman Rota. Also, the article discusses the subjective and objective content of moral certitude, the responsibility of the judge and the freedom recognized by law for the judge to assess the evidence.