English (United Kingdom)

https://curated-unify.zendy.io/wp-json/zendy-region/v1/featured_content/oa?rat=en

https://curated-unify.zendy.io/wp-json/zendy-region/v1/highlighted_journal/

Global: Zendy Plus annual

Presents the access of premium content as premium feature

Premium Content

Presents the keyphrase highlighting as premium feature

Keyphrase Highlighting

Presents the summarisation as premium feature

Summarisation

Insights

Presents the pdf analysis as premium feature

PDF Analysis

Presents the zaia usage as premium feature

ZAIA

Global: Zendy Tools annual

Global: Zendy Free Plan

Global: Zendy Tools monthly

Global: Zendy Plus monthly

In the regulation concerning matrimonial nullity process, the Canonical legislator shows a constant concern for legal certainty as well as for speed in solving trials. Procedural celerity —as long as it does not goes against fundamental rights, such as ius defensionis — is a right of the faithful and a requisite for the administration of ecclesial justice. This fact demands a doctrinal reflection on how adequate is actual procedural law, and if the case arises, the reform of those regulations which may cause non justified delays in nullity causes. In this sense, the author suggests a number of changes in the CCL and Dignitas Connubii that may help to increase procedural celerity without changing the basis of the vigens procedural canonical system. Among this proposals de iure condendo, it could be mentioned the suppression of legal limitations to lay judges; reaffirmation of the Defender of the Bond as a party and not as an assessor of the judge; the need to guarantee the right of the party to have his/her lawyer present during the instruction of the cause and to have access to the acts before publication ; derogation of the articles of Dignitas Connubii that reserves to a collegiate tribunal the resolution of recourses against the decisions of the judge; reduction of the time for reconvention, making it equal to the time given for the joinder of the issue (contestatio litis), affirmation of the exceptional character of rogatory commission, fixing a maximum legal time for devolution; considering the need for peritia in the causes of c. 1095 when it could only be done super actis; derogation of art.245.1 of Dignitas Connubii; allowance to use proceso brevior after any sentence declaring nullity, being in first or second instance; to limit the quaestio de iure appellandi; etc.

Derecho a una justicia eclesial rápida: sugerencias de iure condendo para agilizar los procesos canónicos de nulidad matrimonial