Canon Law "nullity of matrimonial "

With the process of matrimonial nullity the faithful turn judicial authority of the Church to obtain a public statement certifying invalidity of the marriage. It is to put the most radical remedy possible pathology of his matrimonial .

This Declaration is so the focus of the process but, with legal ascertaining the fact of the nullity is produced at the same time extinction of the legal effects derived from marriage that, until that time, was considered valid. extinction of civil effects of a marriage invalid may be the subject of further measures.

The matrimonial can be rendered invalid by three groups of causes:

-firstly the existence of an impediment at the time of celebration;

- The second group of cases involving the nullity of marriage is the lack of legitimate form. The ordinary form is the celebration of marriage before a rod qualified and two witnesses, there are extraordinary forms of celebration of matrimonial provided for by law;

- finalmente, the third group of cases of the nullity of marriage makes reference to consensus; the consensus may be non-existent if the person is unable to deliver a minimum consensus REQUIRED BY LAW (c. 1095); in other cases, the consensus exists but it is legally defective because the expression of WILL NOT external corresponds with the will of the person internal (CC. 1906-1103).

Between the processes of nullity is possible to distinguish between two species:

the process of matrimonial nullity ordinary documentary and the process of matrimonial nullity.

"The process Super Rato et not consumed"

With the process concerning marriage "Rato et not consumed", instead, the Parties shall endeavour to obtain a benefit recognized by law, i.e. the exemption from the Note of indissolubility canonical legislation that is connected to marriage and consumed. The effect of the dissolution of the bond may be obtained when the marriage was not consumed, and there is just cause for granting it (c. 1142).

For this type of process is necessary to take account of the concepts of "ratum" and "meal" which constitute the substantive law that is the basis of the cases. From the point of view strictly procedural we must consider that this is an administrative process.

In fact the " petitum" you will the request for exemption submitted authority administrative authority, which is the Pope. The dispensation is preceded by a judicial investigation almost on the fact dell'inconsumazione, as by an assessment on the existence of just cause TO GRANT THE EXEMPTION. Therefore interesting are the rules for the libellus, all'istruttoria and the competence.

the libellus is a supplication sent to the bishop. may submit the request also both spouses. The Bishop view only taking place, as for all types of processes for invalidity, added presence of the defender of the bond. It coincides with the necessary changes, with the ordinary process..

Instructor shall forward to the Bishop the atti con a vote. must be added the observations of the defender of the bond. The Bishop shall forward the acts to the Apostolic See.

The decision is up to the Apostolic See emitting a rewritten. In case of the negation of exempting the consultant of the acts may examine the grounds for serious and submit a new petition.