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).
Issues of the journal that are published as of 2024 are available for purchase from Àncora Editrice (in print or digital format).
| DOI | 10.32060/PERIODICA.3.2021.665-691 |
| Author | Maximilian J. Nightingale |
| Title | The use of judicial presumptions as a form of proof in the process |
| Periodical | Periodica de re canonica |
| ISSN |  2610-9212 —  2611-4054 |
| Volume | 110 |
| Year | 2021 |
| Pages | 665-691 |
| Abstract | The author, based on the abstract qualification of presumptions as proofs (cann. 1584-1586) and their systematic placement among proofs in the current Code, proposes an application of them in the individual phases of the ordinary contentious process and, therefore, of the process of matrimonial nullity (cf. can. 1691 §3). From this, their nature as proofs is confirmed a posteriori, with interesting consequences especially in relation to the exercise of the right of defense. |
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