THE USE OF DIFFERENT MEANS OF PROOFS IN MARRIAGE NULLITY CASES ON THE GROUND OF DOLUS (CCEO c. 821 AND CIC c. 1098)

Authors

  • Sijeesh Pullankunnel Catholic Eparchy of Mananthwady , Kerala, India

Keywords:

document, presumption, witness, testimony, declararation, expert, sentence, evidence, judge, credibility

Abstract

Marriage nullity trials do not concern a right of one party and the corresponding obligation of another, but rather the confirmation of a juridic act which must have both substantial and formal elements for them to be valid. Matrimonial trials serve to ascertain whether factors invalidated a marriage according to natural, divine or ecclesiastical law. To establish the alleged non-existence of a marriage bond, proofs are essential. This paper tries to analyze various means of proofs and the constitutive elements of dolus as a ground of marriage nullity.

Author Biography

Sijeesh Pullankunnel, Catholic Eparchy of Mananthwady , Kerala, India

Fr. Sejeesh Pullankunnel, a priest of the diocese of Mananthavady, after his philosophical formation in Kerala, theological studies at Pontifical Urban University, Rome, obtained doctorate in Oriental Canon Law from Pontifical Oriental Institute Rome. He also has a Master degree in Ecclesiastical Jurisprudence from Pontifical Urban University. At present, he is the chancellor of the diocese of Mananthavady, visiting professor at Pontifical Oriental Institute and judge in the diocesan tribunal of Mananthavady.

Downloads

Published

2020-08-02

Issue

Vol. 9 No. 1 (2018): Iustitia: Dharmaram Journal of Canon Law

Section

Articles