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Libellus in a Briefer Process
Author(s) -
Grzegorz Leszczyński
Publication year - 2021
Publication title -
roczniki nauk prawnych
Language(s) - English
Resource type - Journals
eISSN - 2544-5227
pISSN - 1507-7896
DOI - 10.18290/rnp21314-7
Subject(s) - spouse , presentation (obstetrics) , tribunal , law , economic justice , order (exchange) , psychology , process (computing) , political science , medicine , computer science , business , finance , radiology , operating system
Briefer process, which in my opinion has become the most inventive establishment in the recent reform made by the Pope Francis, is believed to be at the same time the biggest challenge for Ecclesiastical Tribunal. There are two main and basic conditions that need to be met in order to make this situation happen, namely both spouses are in agreement to file for divorce, so the divorce petition was reported by both of them or by only one, but with another spouse’s consent. Second basic condition is that all events and cases reported, considering facts or people, are advocated by testimony or documents and do not need to be explained and checked, so therefore they clearly indicate the nullity of marriage. Every process for nullity of marriage, no matter the form, begins with the presentation of the petition. Judge cannot familiarize with the case, until the request is not presented. Invariably, the right to complain about marriage have both spouses and the Promotor of Justice in some cases.

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