Open AccessStjecanje moralne sigurnosti u ženidbenom sudskom postupku
Author(s) -
Klara Ćavar,
Mario Mršić
Publication year - 2017
Publication title -
obnovljeni život
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.231
H-Index - 3
eISSN - 1849-0182
pISSN - 0351-3947
DOI - 10.31337/oz.72.1.6
Subject(s) - conscience , certainty , content (measure theory) , law , philosophy , declaration , code (set theory) , epistemology , psychology , political science , computer science , mathematics , set (abstract data type) , mathematical analysis , programming language
The article deals with the issue of achieving moral certitude in the conscience of thejudge based on documents and evidence put forward in petitions for declaration ofnullity of a marriage. A brief comparison is drawn between Cann. 1608 of the 1983Code of Canon Law and Article 247 of the Instruction Dignitas Connubi, and, basedon this comparison, the development and understanding of the concept of moralcertitude is demonstrated. A clear distinction is made between the concept of moralcertitude and the concept of absolute certitude as well as the concept of quasi–certaintyor probability. The definition of moral certitude and its content is explained inaccordance with the teachings of Pius XII and John Paul II, that is to say, in keepingwith their respective addresses to the Roman Rota.Also, the article discusses the subjective and objective content of moral certitude, theresponsibility of the judge and the freedom recognized by law for the judge to assessthe evidence.