Bogoslovska smotra, Vol. 89 No. 4, 2019.
Original scientific paper
Testis Unus Testis Nullus in the Roman‑Canon Procedure and its Application in the Current Canon Procedure
Ivan Milotić
orcid.org/0000-0002-6766-8609
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
The rule testis unus testis nullus has been formed in the Middle Ages, under the influence of Roman legal understanding and purely spiritual ideas. As a strictly proved rule, it is mentioned in the 12th century, but as such, it has been also expressed in the 13th century. In unchanged form, albeit with some exceptions, it has been accepted in the codes of canon law of 1917 and 1983. Its significance as a general rule has been kept in canon procedures, with the exception for proclaiming a marriage annulled, where it has been reformed by the motu proprio Mitis Iudex Dominus Jesus that was promulgated in 2015. This article will analyse the development, significance, and role of that rule, starting from the Roman law to the Roman canon procedure, to the current canon law and lawsuits for proclaiming a marriage annulled.
Keywords
testis unus testis nullus; probatio plena; Roman law; Roman‑canon procedure; canon procedure; Mitis Iudex Dominus Iesus.
Hrčak ID:
234269
URI
Publication date:
17.2.2020.
Visits: 3.597 *