THE CIRCUMSTANCES OF THINGS AND PERSONS THAT CAN ALLOW A CASE FOR NULLITY OF MARRIAGE

Authors

  • Leszek Adamowicz

Keywords:

Pope Francis, sacramental dignity, documents

Abstract

The author is discussing issues concerning the new provisions
regarding the new process for declaring the nullity of a marriage i.e.,
shortened process. The Bishop’s (shortened) process presumes certain
prerequisites: compatible arguments of the parties, “strong” evidence
for nullity provided in the initial stage, and a description of the
circumstances that led to the decision to end the marriage. The author
critically analyses art. 14 §1 of “The way of proceeding in cases
regarding the declaration of the nullity of a marriage.” The cited
criteria relate to suspected defects of consent, such as simulation,
fraud, lack of use of reason, grave lack of due discretion concerning
the essential rights and obligations of marriage, and a psychological
incapacity to assume these obligations.

Author Biography

Leszek Adamowicz

Rev. Leszek Adamowicz, born in 1960, was ordained, in 1984, a presbyter
of the Archdiocese of Lublin. Since 1990 he teaches canon law in John Paul
II Catholic University of Lublin; since 2004 head of the Chair of the Eastern
Catholic Churches Law; visiting professor in PIO, Rome; Editor of the
Polish edition of the CCEO; Member of the Group of Polish Bishops
Conference and Ukrainian Geek-Catholic Church and consulter of Legal
Council of Polish Bishops’ Conference; and Member of national and
international scientific associations. He is the judicial vicar of the
Metropolitan Archbishop of Lublin (since 1995) and president of the
Association of the Polish Judicial Vicars (since 2009).

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Published

2020-08-02

Issue

Vol. 6 No. 2 (2015): Iustitia: Dharmaram Journal of Canon Law

Section

Articles