Nullity Of Marriage Research Articles

Perspektif Capu Reke (Batal Nikah) Setelah Paluk Kila (Tukar Cincin) dalam Hukum Adat Perkawinan Manggarai

The purpose of this research is to analyze the perspective of capu reke (void marriage) after paluk kila (exchange of rings) in Manggarai Marriage Customary Law. This type of research is empirical normative legal research. The sources of legal materials used in this research are primary and secondary legal materials. The method of processing legal materials through 3 (three) stages, namely editing, coding and systematization of data which is then analyzed descriptively qualitative. The results of this study found that: (1) The meaning of capu reke (capu = eliminate, cancel, break and reke = promise) which is literally interpreted as eliminating or breaking promises with other parties. Paluk kila (paluk = exchange; kila = ring). The Manggarai indigenous people interpret this paluk kila as being known to the extended families of both parties, as well as an acknowledgment from the tongka (witness/spokesperson) that the couple is true and ready to become a woe nelu (new family). (2) The perspective of capu reke (void marriage) after paluk kila (exchange of rings) in this ceremony is very sacred and from this problem the traditional ritual which is considered very magical and highly respected seems to be played with. (3) The legal consequences and customary sanctions that arise are: If the man decides first, the sanction is that the man must pay or cover the woman's shame in the form of saung leba (money) with a buffalo (kaba ngalu tau rangga). If, on the other hand, the woman decides first, the sanction is to give twelve Manggarai traditional cloths and one podo wa'u pig (returning the male clan). The legal consequences that arise are also the status of the child in this capu reke event who has the right to take care of the father (lut wa'u) and get inheritance rights from the father even though the custody is in the mother. The suggestions for the results of this study are (1) It is better if the marriage promise that is later denied or canceled is regulated more clearly in the law, even the rules must be clearer about the marriage promise and the legal consequences of the agreement that was made before the marriage. (2) Prospective couples are required to make a marriage agreement in order to better understand all the consequences that will be accepted after the marriage agreement takes effect between them.

Delibazione e divorzio nella giurisprudenza della Cassazione: il difficile bilanciamento tra attuazione della normativa concordataria e tutela del coniuge più debole

Exequatur procedure and divorce in the jurisprudence of the Supreme Court: the difficult balance between implementation of the concordat legislation and protection of the weaker spouse ABSTRACT: The 1984 Agreement with the catholic church modified the rules for implementing canonical sentences of nullity of marriage in the Italian legal system, introducing several controls among wich the non-contradiction to Italian public order of such sentences has acquired increasing importance. In recent years, this requirement has been interpreted by the jurisprudence of the Supreme Court in a very restrictive manner in order to limit the recognition proceeding as much as possible, with the aim of avoiding the unfavorable economic consequences deriving from the nullity of the marriage for the spouse who would have been entitled to maintenance allowance in the event of divorce. The work focuses on the relationship between recognition of canonical nullity and divorce, analyzing the repeated interventions of the Court of Cassation to prevent that with the exequatur procedure the economic measures taken in the divorce judgment could be annulled. The protection of the weaker spouse was made even more complete by the recent ruling of the United Sections of the Supreme Court of 2021 that allowes the treatment of economic issues still pending, provided that the divorce decree between the parties was pronounced before the exequatur of the ecclesiastical sentence of marriage nullity. SOMMARIO: 1. Premessa - 2. I tratti salienti dell’attuale procedimento di delibazione - 3. La differente tutela del coniuge nel caso di nullità e di divorzio - 4. Il rapporto delibazione-divorzio tra tesi dottrinali e orientamenti giurisprudenziali dalla metà degli anni Ottanta alla fine degli anni Novanta - 5. Gli interventi della giurisprudenza di vertice su delibazione e divorzio a partire dal 2001 - 6. L’ulteriore passo in avanti della Cassazione: dopo il giudicato di divorzio è possibile la trattazione delle questioni economiche ancora pendenti anche se nelle more sia intervenuto l’exequatur della nullità canonica - 7. Conclusioni.

Error in persona (Canon 1097 § 1 CIC/83) in Light of Doctrine and Jurisprudence

Canon 1097 of the 1983 Code of Canon Law, like Canon 1083 § 1 of the 1917 Code of Canon Law declares that error of person (error in persona, rendered as error circa personam in the previous Code) nullifies a marriage. Traditionally understood ‘person’ is about physical identity, but in the broader sense, adopted especially after the judgement of the Roman Rota c. Canals of 21 April 1970, the identity of a person consists of her qualities: ethical, moral, social, etc. The aim of the present study is to show error of person (as the reason for the nullity of a marriage) as construed by doctrine and jurisprudence; in particular, it concerns the notion of the person as the object of error. In the first part, the position of doctrine is discussed; the second part deals with the position of the judiciary. Both in doctrine and jurisprudence, the dominant view is that the person identifies herself in her physical dimension. Error in persona, a title of nullity of marriage, which is rare, should be used in accordance with the intention of the legislator, who made significant changes in the post-Conciliar Code of Canon Law, abolishing the legal figure of error redundans in errorem personae and introducing error qualitatis directe et principaliter intentae and deceptio dolosa.

Understanding Void and Voidable Marriages in the Matrimonial Causes Act and the Holy Bible

The importance of marriage to human existence cannot be overemphasised. Marriage was the first institution created by God for comfortability and procreation of men and women. Many marriages were full of complexities which resulted in divorce, incompatibilities, dishonesty, prostitution, inconsistencies, and unrest. Therefore, the study comparatively analysed void and voidable marriages in the Matrimonial Causes Act and the Holy Bible. Historical and case study designs were adopted. Doctrinal method was used in data collection. The primary sources of data were the Holy Bible, Constitution of Federal Republic of Nigeria 1999 (as amended), Matrimonial Act Cap M6; Matrimonial Causes Rules Cap 220, Laws of the Federation 2004; sources of secondary data were published textbooks, law reports, scholarly peer-reviewed journals, and articles. Data were content-analysed and presented thematically. Findings revealed that the Matrimonial Causes Act and Matrimonial Causes Rules being the laws and rules of marriages as constituted in usages and application are of biblical origin and founded on a Christian base. Many couples forced themselves into marriages without thinking of the consequences of being void or voidable marriages based on trying your luck. Matrimonial laws, rules, and the Holy Bible envisaged and prohibited void and voidable marriages. The study concluded that marriage was the first union God created. Intending couples should seek the face and God’s guidance before marriage. The study recommended that void and voidable marriages be avoided. Christians should attend church seminars on marriages before proposing to marry. Pastors should preach sermons on marriages which will expose members of the church to the intricacies of marriages.

Voidable marriages

AbstractThis article critiques the decision of the Court of Appeal in Re SA (Declaration of Non-Recognition of Marriage) [2023] EWCA Civ 1003. In Re SA the Court of Appeal held that: (1) by operation of section 16 of the Matrimonial Causes Act 1973, a voidable marriage is not void at its inception and is therefore not caught by section 58(5)(a) of the Family Law Act 1986, and (2) the effect of section 16 of the 1973 Act is that a voidable marriage starts off fully valid but only on making a decree absolute of nullity becomes invalid. This article contends that the approach adopted by the Court of Appeal in SA is conceptually challenging, based on a misreading of the statutory language, and is directly contrary to long-established and powerful authorities.

Revie of Justice and Mercy Have Met: Pope Francis and the Reform of the Marriage Nullity Process

Revie of Justice and Mercy Have Met: Pope Francis and the Reform of the Marriage Nullity Process

The Individual and Social Dimension of Canon Law on the Example of the Declaration of Marriage Nullity in the Light of Polish Research

The Individual and Social Dimension of Canon Law on the Example of the Declaration of Marriage Nullity in the Light of Polish Research

The Principles of the Reform of the Marriage Nullity Process Proposed by the Roman Pontiff Francis

One of the great concerns of Pope Francis' ministry is to promote a Church on the way out, in which people separated from the Church are effectively welcomed from a synodal perspective. Within this perspective, Pope Francis promulgated on August 15, 2015, the Motu proprio on the reform of the process for declaring marriage null and void, the Mitis Iudex Dominus Iesus for the Latin Church, and came into force on December 8, 2015, as per the can. 8, § 1. This article, whose theme is: the principles of reform of the marriage nullity process proposed by the Roman Pontiff Francis, indicates the origin of the fundamental legal principles that determined the changes promoted by the Pope and their possible applicability in diocesan Tribunals and Dioceses. Thus, the methodological itinerary was based on studies, analyzes of the motu proprio Dominus and Iesus, other documents and articles related to the topic, which are available in the bibliography of this article. The purpose of this article is to present the foundations of the changes implemented by Pope Francis and motivate Canonical Tribunals and Dioceses to implement these new developments with the primary objective of salus animarum, can. 1752.

Interes prawny w procesie o stwierdzenie nieważności małżeństwa przed sądem kościelnym

The judgment of the Supreme Administrative Court of 8 May 2015 confirmed the existence of a legal interest already at the stage of “legal possibility” to initiate proceedings for declaring the nullity of marriage. This interest determines the trouble-free – in contrast to the actual interest – disclosure of personal data of the opposing party. In addition, implementing the provisions of the Concordat, the fact was emphasized that a legal interest can be had not only in a trial before a secular court, but also in proceedings before an ecclesiastical court. What is more, the judgment of the Supreme Administrative Court draws attention to the importance of the fundamental procedural principle audiatur et altera pars. It enables the respondent to defend itself by presenting its position, which in the process of declaring the nullity of marriage takes a special form, because the overriding value is the objective truth about the existence or non-existence of a given marriage.

Protection of personal data in marriage nullity cases in the light of selected procedural rules (part 1)

W artykule podjęto problematykę zakresu ochrony danych osobowych uczestników procesu o stwierdzenie nieważności małżeństwa w odniesieniu do promulgowanego przez Konferencję Episkopatu Polski dekretu ogólnego w sprawie ochrony osób fizycznych w związku z przetwarzaniem danych osobowych w Kościele katolickim w kontekście wybranych zasad procesowych. W części pierwszej zweryfikowano hipotezę badawczą, zgodnie z którą metoda regulacji przyjęta przez dekret i polegająca na fragmentarycznej transpozycji norm prawa egzogenicznego (RODO) do prawa endogenicznego Kościoła w zakresie ochrony danych uczestników procesu o stwierdzenie nieważności małżeństwa, nie jest koherentna ze specyfiką wymierzania sprawiedliwości w Kościele, które jest zakorzenione w naturze Ludu Bożego, stanowiącego Mistyczne Ciało Chrystusa i żyjącego w Duchu Świętym. De lege ferenda zaproponowano konieczne zmiany w dekrecie ogólnym, co w konsekwencji pozwoli rozwiązać trudności wykładnicze związane z jego stosowaniem w analizowanym zakresie.

Overview of the Concepts of Legitimacy and Legitimation under the Nigerian Laws

This article examines the concepts of legitimacy and legitimation under the Nigerian Laws. It explains the two concepts that are similar in nature by discussing who is a legitimate child and who is an illegitimate child; it also discusses the legal implications of an illegitimate child and that of legitimate child. It discusses the rights and privileges of a legitimate child and also those of an illegitimate child. The article discusses the statuses of illegitimate child under Islamic law, statutory law, customary law, and under void marriage and voidable marriages. It goes further to discuss the provision of Section 42 (2) of the 1999 constitution of the Federal Republic of Nigeria (as amended) viz-a-viz the status of illegitimate children. The work reviews some relevant cases to the topic. It concludes by summarizing that it could be deduced that before a child could be regarded as legitimate, he or she must be a product of a valid marriage. However, the case of acknowledgement did not take this into consideration. The article recommends that the Legitimacy Act be made less stringent, that the date of legitimation should be made effective from the date of birth and not the date of legitimation and that the constitution should be amended to include punishment for whoever discriminates or make derogatory remarks about an illegitimate child, among others.

Right of Defence in Marriage Nullity Trials. A Study Based on CIC 1983, DC and MIDI, written by Merlin Rengith Ambrose

Right of Defence in Marriage Nullity Trials. A Study Based on CIC 1983, DC and MIDI, written by Merlin Rengith Ambrose

Mediacja jako metoda pokonania kryzysu w sądowej próbie pogodzenia stron w procesie kanonicznym

In the doctrine of procedural canon law, the mediation is most often called an attempt to reconcile the parties. The mediation surprise in its simplicity and, at the same time, is very astonishing in its effectiveness. That is a legal institiution that in its theoretical structure resembles mediation, in the canonical procedural law system it can be used as a settlement, compromise or arbitration court. It is called an attempt to reconcile the parties, reconciliation of the parties, agreement of the parties or atonement of the parties. It is always necessary to recall that the concern for the salvation of souls remains the highest goal of institutions, legal acts and laws, but the protection of unity in faith and in the discipline of marriage, which is the foundation and origin of the Christian family is also the goal. The legislator constantly encourages the judge to try to reconcile the parties - mediation in many types of canonical trials: in contentious trials, in oral trials, in cases to declare nullity of marriage and in cases of separation of spouses. In each of these, the point is to refrain from going to court, which,- althought is the most perfect method of seeking justice among believers - is the last method and must be treated as such. Therefore the dominance over the legal action is taken over by all kinds of pastoral means used to reconcile the parties, because this reconciliation, in their practical form, bears all the hallmarks of the mediation. Key words: mediation, reconcile the parties, canonical trial, marriage processes, marriage law, procedural canon law

The Abbreviated Matrimonial Process before the Bishop and Ecclesiastical Divorce in the Orthodox Churches

The article presents a critical examination of the abbreviated process before the bishop and ecclesiastical divorce in the Orthodox Churches. The basic point of departure for the analysis is the post-synodal Apostolic Exhortation Amoris laetitia promulgated by Pope Francis. Article 244 in the subsection entitled “Accompaniment after breakdown and divorce” explains Pope Francis’ motivation behind the modifications to the briefer process before the bishop in line with his Apostolic Letter motu proprio Mitis et misericors Iesus. Using a combined method of analysis, synthesis and comparison, the article aims to present a comprehensive theological and judicial view on the abbreviated matrimonial process before the bishop and on the practice of the Orthodox Churches in the process of ecclesiastical divorce. The textual analysis revealed that the primary reason for the modifications was the length of the process as it posed considerable difficulties and exhausted the parties involved. Pope Francis’ recent documents on the subject have resulted in simplification of the procedures eventually granting the declaration of nullity of marriage. These documents have highlighted a very important component of the Second Vatican Council’s teaching that the bishop himself, in his local church over which he has been appointed shepherd and head, is at the same time a judge of the faithful entrusted to him. The article also emphasizes that bishops do not delegate the said ministry entrusted to them to other structures within their eparchies but exercise their ministry personally for the salvation of immortal souls.

Gambling Addiction and Declaration of Nullity of Marriage at the Church Interdiocesan Tribunal in Split (2000 – 2020)

This research paper is based on the investigation of over 1000 lawsuits for the declaration of nullity of mar- riage initiated at the Church Interdiocesan Tribunal in Split between 2000 and 2020. The main aim of this research paper was to focus on the lawsuits connected with the canon 1095, n. 3, especially on the problems of gambling addiction. The materials were analysed synthetically, and data were collected on a number of lawsuits conducted under this canon and on specific reasons for filing a lawsuit. Data on annulation of matrimony were also collected. The data are presented in an anonymous and aggregated manner. Descriptive and inferential statistical methods were used. The paper consists of a theoretical part and methodology, which includes the motive of the paper, the description of the sample used and the criteria of inclusion, materials, methods and procedures of paper, and the presentation of the results, together with the discussion of the results.

The Status and Duties of Ecclesiastical Judges in Cases Concerning the Nullity of Marriage

The author discusses the status and duties of an ecclesiastical judge in processes concerning the declaration of nullity of marriage under canon law. The author addresses the requirements for candidates for the office of judge and highlights the changes introduced by the Motu Proprio Mitis Iudex Dominus Iesus in 2015. Next, the duties of the ecclesiastical judge in a matrimonial process are covered. First, the author points to the general duties and focuses on the most relevant ones. Second, the judge’s more specific duties are addressed. A major research problem investigated is who can be an ecclesiastical judge and what requirements the candidates must meet, both in the light of ecclesiastical and natural law. The author does not omit to discuss the origin of the power to judge and its consequences. The article cites papal speeches to the members of the Tribunal of the Roman Rota. They are a valuable source of guidance on exercising the power to judge. Special attention is paid to the ministry of the bishop as the first judge, as well as in light of the changes introduced by Pope Francis.

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

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.

Kryzys małżeński jako przyczyna wszczęcia kanonicznego procesu o nieważność małżeństwa w świetle kodeksowej zasady salus animarum

The absolute declaration of nullity of a marriage may be revealed only as a consequence of a canonical trial for nullity of marriage in one of the ecclesiastical courts. The main goal of every such process, as well as of the entire Code of Canon Law, remains the sentence expressed in its last canon: salus animarum suprema lex. Without reference to this sentence, the procedural principles lose their relevance, because this goal determines their content. The multitude of canonical procedural principles results from this overarching principle. Its sublime content requires numerous legislative measures from the ecclesiastical lawgiver. Against this background, the principle of the bilateralism appears, which is omnipresent in the structure of every canonical trial, and is at the heart of it. Keywords: marital crisis, family, canonical process, marital process, procedural principles

Introduction

Introduction Ronny E. Jenkins, Editor This inaugural edition of Decisions of the Roman Rota includes five decisions, four definitive sentences and one preliminary decree, all from 2021. Three of them address the grounds of nullity of can. 1095, 2o and 3o. Various causes of the psychic anomalies are mentioned, including narcissistic personality disorder, child of an alcoholic parent syndrome, affective immaturity, and dependent personality and avoidant personality disorders. The other two concern the exclusion of the bonum sacramenti and bonum prolis. Three of the four definitive sentences render an affirmative decision, one a negative, and the decree likewise resolves a preliminary question negatively. What follows here are introductions to each decision that to various degrees summarize the case, offer background information, and provide limited commentary on the decision itself. As is customary with the publication of decisions of the Roman Rota, the names of persons mentioned in them have been changed and other identifying information, such as place names, has been rendered anonymous. 1. Coram Arokiariaj: The incapacity to assume essential obligations of marriage due to a narcissistic personality disorder (can. 1095 §3) The Roman Rota has issued a number of decisions involving the presence of narcissistic personality disturbances in parties who contract marriage. Among sentences issued between 1983 and 2009 that were published in Decisiones seu sententiae, González Merlano counts 23 decisions rendered in favor of the nullity of marriage and 11 in favor of the bond.1 Since 2009, an additional sentence in favor of the bond was published in the same series, this one coram Pinto from March 6, 2014.2 The present decision coram Arokiariaj now adds to this growing body of available jurisprudence on the impact of narcissism on marital consent. Canonical literature on narcissism is limited. The most thorough study remains that of Augustine Mendonça published in 1993 in Studia Canonica.3 While the most recent one is the above referenced article by González Merlano. Few other contributions dedicated specifically [End Page 3] to this subject were written between 1993 and 2017, the years when these two works appeared.4 Prior to Mendonça’s work, several other authors wrote on narcissism and matrimonial consent. These include Robert Sanson,5 Edward Komora6 and an author cited in the decision coram Arokiariaj, Giuseppe Versaldi.7 Mendonça offers a useful and concise summary of conclusions drawn from these authors. It is worth an extended citation. The approaches adopted by these authors in regard to canonical effects of narcissistic personality disorder may be summarized as follows: First, the narcissistic pathology in certain forms and in a certain degree of severity may give rise to an incapacity for eliciting a valid matrimonial consent (c. 1095, 2o). The underlying pathology is such that the person affected by it may be deprived of the capacity for a mature decision concerning the very person of the partner and marriage itself. Such an incapacity would imply that the intrapsychic integration (harmony) is so disturbed that he or she is rendered incapable of placing a human act proportionate to its object, that is, the rights and obligation of marriage. Second, the pathological intrapsychic integration involved in narcissism may be such that it incapacitates the patient relative to the assumption of the obligations of communion of life (interpersonal relationship), of the good of the spouse, of children, and a fidelity (c. 1095, 3o). Third, the nature of the pathology may be such that in certain cases it may give rise to what is called in psychology ‘interpersonal psychopathology’ which is the result of a combination of two person’ personality deficiencies, which in canonical language is known as ‘relative incapacity’. This is not uncommon in cases of personality disorders.8 In coram Arokiariaj, we see the second of the three approaches; namely, the incapacity of the petitioner man to assume and fulfill the obligations marriage, “especially the good of the spouses, which under the law must be seen as pertaining to the establishment of the communion of life (n. 3).” The sentence offers a reminder that the psychic issues that give rise to the in-capacity must be grave and not simply minor character flaws. To...

Right of Defense in Marriage Nullity Trials: A Study Based on CIC 1983, DC and MIDI by Merlin Rengith Ambrose (review)

Right of Defense in Marriage Nullity Trials: A Study Based on CIC 1983, DC and MIDI by Merlin Rengith Ambrose (review)