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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]
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.
Papal rescripts are responses of the pope or a Congregation of the Roman Curia, in writing, to queries or petitions of individuals. Some rescripts concern the granting of favours; others the administration of justice under canon law , e. g. the interpretation of a law , the appointment of a judge.
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.
Under the 1983 Code of Canon Law, the discipline of 1917 has been changed; a marriage ratum sed non consummatum can now be dissolved only by a dispensation from the pope or his delegate. [11] The pope has delegated competency for granting such dispensations to the Tribunal of the Roman Rota, one of the ordinary tribunals of the Apostolic See.
On 9 January 2022, Pope Francis stated in his annual speech to Vatican ambassadors: "The death penalty cannot be employed for a purported state justice, since it does not constitute a deterrent nor render justice to victims, but only fuels the thirst for vengeance". [249]
According to Cardinal Julián Herranz, then-president of the Pontifical Council for Legislative Texts which issued the instruction, the purpose of Dignitas connubii was to give the ministers of justice (tribunal officers) a practical and convenient guide for handling tribunal work in matrimonial nullity processes. [2]
1983 Code of Canon Law. Omnium in mentem; Magnum principium; Code of Canons of the Eastern Churches; Ad tuendam fidem; Ex corde Ecclesiae; Indulgentiarum Doctrina; Praedicate evangelium; Veritatis gaudium; Custom; Matrimonial nullity trial reforms of Pope Francis; Documents of the Second Vatican Council. Christus Dominus; Lumen gentium; Optatam ...