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Periodica de re canonica
Periodica de re canonica
Articles published in the journal Periodica de re canonica up to 2023 will gradually be made available in PDF format on this website (in the "open access" mode). Currently, the PDFs of 30 percent of the articles published between 1924 and 2018 are accessible.

Issues of the journal that are published as of 2024 are available for purchase from Àncora Editrice (in print or digital format).
DOI10.32060/PERIODICA.2.2024.02
AuthorGianpaolo Montini
TitleL’eccezione di incompetenza relativa
PeriodicalPeriodica de re canonica
ISSNISSN print 2610-9212 — ISSN digital 2611-4054
Volume113
Year2024
Pages219-266
Abstract

The exception of relative incompetence remains relevant even after the reform of matrimonial procedural law, which extended the fora of competency for those who bring forward a case of nullity. This article covers the various stages of the process, describing the procedures relating to the exception of a relative lack of incompetency raised by a party or by the defender of the bond. The reason for the exception, which lies in the principle of the natural judge (impartial because it is predetermined by law), is clarified. The article also explains the importance and limits of art. 10 §3 of the Instruction Dignitas connubii.
Keywords: process of matrimonial nullity; relative incompetence; exception.


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