Abstract
The Canon Law of Process and in particular the process praxis of Apostolic Tribunals, including judicature of the Roman Rota, as well as other courts of the Church, continuously draws attention to the role and meaning of the expert’s opinion in the process of adjudicating the nullity of marriage. Extensive professional expertise and honesty in performing a task entrusted to him constitute a guarantee of appropriate use of the process proof from the opinion of an expert that, at the same time, may provide a great input for the prestige of administering justice by the Church courts. Participation of an expert in the modern marriage process should help it to be fair and substantive. In other words, it should specifically help in an efficient and fast recognition of truth concerning the litigated marriage. Among other facts the Pope Francis’s process reform indicates the fact that states that the reformed marriage process requires that the highest level of protection of the truth concerning the holy marriage bond must be guaranteed. All of this causes that nowadays there appear new challenges for the meaning and role of an expert, namely for the value of his opinion for the marriage process needs, primarily, in regards of determination of the mental nature anomalies, i.e. the term introduced formally into the Code of Canon Law by the reform of Pope Francis. Due to this, it should be noted that the amendment made by Pope Francis remains in full concordance with teaching of his predecessors holding office of the Holy See Bishop. It is only a transfer of an important teaching of John Paul II and Benedict XVI into a formalized new process reform. Hence, it must be underlined in the conclusion that this is an important evolution that we are dealing with and development of the Church doctrine and law, at the same time. They are always concentrated on human wellbeing. By this, the Canon Law gives response to the complicated challenges of modern reality without losing its foundation in the natural law.
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