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Periodica de re canonica
Periodica de re canonica
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DOI10.32060/PERIODICA.3.2021.555-595
AuthorMarcelo Gidi
TitleIl Promotore di giustizia nella dinamica introduttiva del libello per la nuova procedura di dichiarazioni di nullità matrimoniale: una nuova opportunità per una retta amministrazione di giustizia
PeriodicalPeriodica de re canonica
ISSNISSN print 2610-9212 — ISSN digital 2611-4054
Volume110
Year2021
Pages555-595
Abstract

How is the sacrament of marriage protected procedurally? In order to avoid erring in such a delicate field, the Legislator has established a concrete procedural dynamic, both in procedendo and in iudicando, designed to foster an ever better administration of justice for the protection of marriage. Every action of the various officials of the tribunal remains linked to the needs of both marriage and the process itself insofar as both are ecclesiastical public goods. Mitis Iudex Dominus Iesus, with its proposal for a more brief annulment process and with the abolition of the need for the double conformity of sentences, seeks for the course of the process to be more attentive to the truth of the bond. In order to prevent any possible arbitria procedendi, I propose in this article, within the framework of a synergistic dynamic with the judicial vicar, a prescriptive participation of the promoter of justice during the phase of determining the correct form of the nullity process with which to deal with the matrimonial case according to canons 1676 and 1685. In his role as the official guardian of the fair administration of justice in all cases and degrees of matrimonial proceedings, it will fall to the promoter of justice to protect the judicial process in favor of the good of the indissolubility of marriage.


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