Original scientific paper
https://doi.org/10.31337/oz.72.2.3
Proof by Documentation - Special Review of the Procedure for the Declaration of Nullity of Marriage
Ivica Ivanković Radak
orcid.org/0000-0001-9215-9067
; Institute of Philosophy and Theology of the Society of Jesus, Zagreb, Croatia
Árpád Tóth
; Diocesan Assembly Tribunal, Subotica, Serbia
Abstract
Proof by documentation (CCL, Cann. 1539–1546; DC, Art. 183–192) is of particular
importance in tribunal procedure. Among the five means of proof it holds second
position. Firstly, the authors explain the notion of the document. In the broader
sense, a document is an instrumentum (means) which signifies any item suitable for
furnishing evidence, for example, a DVD, CD, various SMS messages and emails/
electronic entries. In the narrower sense, the document (documentum) is identified
with a written entry, that is, something existing in written form. Canonical doctrine
prefers the notion of the document in the narrower sense. Next, the authors present
the basic division into public documents, which may be ecclesial or civil, and all
remaining documents , which are considered personal documents. The Instruction
Dignitas Connubii has given specific explanations regarding already existing decrees,
as well as some details which do not exist in the Code of Canon Law, but have to do
with documents of a personal nature. In their discussion on various documents , always
with due respect to the basic principle of freedom in furnishing evidence and the
free evaluation of its evidentiary value, the authors stress the topicality of the manner
of assessing new types of documents introduced by technological advancement, as
for example, the various types of recordings and entries by means of cell phones and
other technical devices, as well as computer records as possible documents which
might serve as means of evidence. Here the issue of privacy must be addressed. A
particular difficulty arises also in the procurement of documents which are in the
possession of public civil service agencies.
Keywords
proof; documentum; document; instrumentum; means; private and public document; procurement and assessment of documents; anonymous letters, full evidence
Hrčak ID:
184143
URI
Publication date:
10.7.2017.
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