Review article
https://doi.org/10.31337/oz.72.1.6
Achieving Moral Certitude in the MarriageTribunal Process
Klara Ćavar
orcid.org/0000-0002-2214-0229
; University of Zadar, Zadar, Croatia
Mario Mršić
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.
Keywords
moral certitude; judge; documents; evidence; certitude; quasi–certainty; judgement
Hrčak ID:
180234
URI
Publication date:
13.4.2017.
Visits: 1.494 *