Review article
https://doi.org/10.34075/cs.54.4.4
Parties’ Declarations and Facts Confessions in the Process of Declaring Marriage Null and Void
Marija Džinić
orcid.org/0000-0001-5385-5860
; Faculty of Philosophy and Religious Sciences, University of Zagreb, Zagreb, Croatia
Zdenko Ilić
orcid.org/0000-0002-5311-869X
; Catholic Faculty of Theology in Đakovo, Josip Juraj Strossmayer University in Osijek, Đakovo, Croatia
Abstract
In the ordinary contentious trial of the annulment of the marriage, confessions and declarations of the parties are the centre point of determination of validity of marriage. The Canon Law of 1983, in the cc. 1530-1538 describes the canonical norms about the declarations of the parties. The first part of the article analyses an iter of the interrogation of the parties: the purpose of the interrogation; the judge’s authority and obligations; the mode of asking questions during the trial; obligations of parties to respond to the questions; refusal of parties to respond to the questions.
The second part considers different types of the interrogation of the parties as judicial and extra-judicial confession, a probative force of their confessions and declarations together and a short retrospection on the practice of Roman Rote and how the Supreme Court of the Catholic Church values the content of the answers during the canonical proceeding of the annulment of the marriage. The final part of the article analyses the changes introduced with m.p. Mitis Iudex Dominus Iesus thanks to which a judicial confession and the declarations of the parties, possibly supported by witnesses to the credibility of the parties, can have the force of full proof to be evaluated by the judge, unless other elements that weaken them are present.
Keywords
parties; confessions; declarations; proofs; m.p. Mitis Iudex Dominus Iesus
Hrčak ID:
230486
URI
Publication date:
19.12.2019.
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