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A cleric's "second review" before nullity can be declared was eliminated. [5] Bishops now have the authority to declare nullity themselves, and in a more efficient manner. [5] The process should be gratis (for free), as long as the tribunal workers can still be paid a just wage. [6] The reforms took legal effect on 8 December 2015. [7]
Dignitas Connubii (Instruction to be Observed by Diocesan and Interdiocesan Tribunals in Handling Causes of the Nullity of Marriage), Pontifical Council for Legislative Texts, Libreria Editrice Vaticana, 2005. ISBN 88-209-7681-1. New Commentary on the Code of Canon Law, ed. by John P. Beal, James A. Coriden, and Thomas J. Green, Paulist Press, 2000
Dignitas connubii is an instruction issued by the Pontifical Council for Legislative Texts on 25 January 2005 on the discipline to be observed in diocesan and interdiocesan tribunals regarding causes of the nullity of marriage. [1]
A "Declaration of Nullity" is not the dissolution of an existing marriage (as is a dispensation from a marriage ratum sed non consummatum and an "annulment" in civil law), but rather a determination that consent was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never ...
It entered into force the first Sunday of the following Advent, [3] which was 27 November 1983. [4] In an address given on 21 November 1983 to the participants in a course at the Gregorian University in Rome on the new Code of Canon Law, the Pope described the new code as "the last document of Vatican II". [8]
On the other hand, a marriage celebrated in due form between a Catholic and an unbaptized person is invalid unless dispensation has previously been obtained from the competent church authority. [32] Other cases in which a marriage is both illicit and invalid are indicated in canons 1083 to 1094 of the 1983 Code of Canon Law. [33]
[2] [3] In 2006, the Pontifical Council for Legislative Texts specified in what a formal act of defection from the Catholic Church consisted. [4] In 2009, after Omnium in mentem, all mention of a formal act of defection from the Catholic Church and of any juridical effects deriving from it was removed from the Code. [5]
[3] [4] As a result, Roman ecclesiastical courts tend to follow the Roman law style of continental Europe with some variation. After the fall of the Roman Empire and up until the revival of Roman law in the 11th century, canon law served as the most important unifying force among the local systems in the civil law tradition. [ 5 ]