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The reforms were proposed by a group of experts in matrimonial jurisprudence. [2] According to experts at the Vatican, they are the most expansive revision in matrimonial nullity jurisprudence in centuries. The reforms are a departure from the 18th-century matrimonial nullity reforms of the canonist Pope Benedict XIV. [1]
Pope Francis (2013). Open Mind, Faithful Heart: Reflections On Following Jesus. Translated by Joseph V. Owens, SJ. New York: Crossroad Publishing Company. ISBN 978-0-8245-1997-1. Bergoglio, Jorge (1995). La vida sagrada y su misión en la Iglesia y en el mundo (PDF) (in Spanish). Argentina Catholic University: Faculty of Theology. OCLC 806712655.
2015 – Pope Francis reforms the matrimonial processes dealing with declaring the nullity of marriage, promulgating the motu proprio Mitis Iudex Dominus Iesus amending the 1983 Code of Canon Law, and the motu proprio Mitis et misericors Iesus amending the Code of Canons of the Eastern Churches [28]
While some reforms have been made – Pope Francis lifted the official pontifical secret covering abuse cases in 2019 – core issues remain. —The structural conflict of interest.
The right exercised by Byzantine (Byzantine Papacy) and Holy Roman emperors to confirm the election of a pope, which was last exercised in the Early Middle Ages, appears unrelated to the early modern legal claim of jus exclusivae by the Holy Roman Empire, France, and Spain.
On 15 August 2015 Pope Francis issued the motu proprio Mitis Iudex Dominus Iesus, which amended twenty-one canons (1671–1691) to reform the process of determining matrimonial nullity. The document was made public on 8 September 2015.
The Latin text of the 1917 Code remained unchanged for the first 30 years of its enactment, when Pope Pius XII issued a motu proprio of 1 August 1948 that amended canon 1099 of the code, a revision that took effect on 1 January 1949. [22]
In 2015, the process for declaring matrimonial nullity was amended by the matrimonial nullity trial reforms of Pope Francis, the broadest reforms to matrimonial nullity law in 300 years. [6] Prior to the reforms, a declaration of nullity could only be effective if it had been so declared by two tribunals at different levels of jurisdiction.
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