Review article
https://doi.org/10.31823/d.26.1.8
Ensuring Justice and Searching for Truth in the Marriage Nullity Process
Sebastijan Valentan
Abstract
Clients have a right to a fair trial. Judges and other officials ensure fairness by observing secrecy (cf. can. 1455, CIC 1983). This is necessary in a penal trial and in some cases also in a contentious trial. Judges are also required to maintain confidentiality concerning the discussion among them in a collegiate tribunal when making their judgement. If they breach the law of secrecy, they are punished with appropriate penalties and also with dismissal from office. The judicial examination of the parties is the core of the process. This phase leads the gathering of that important information which can lead the judge to the truth (art. 177, DC). “The best way of obtaining evidence are the statements of the spouses. The spouses are expected to be sincere and honest when describing their failed marriage.” A judge is obliged to remind the parties and the witnesses about their duty to speak the whole truth and only the truth.
Keywords
marriage nullity process; canon law; Church; marriage; truth; judge; defender of the bond; advocate
Hrčak ID:
196752
URI
Publication date:
26.3.2018.
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