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The proof through documents in the process of nullity of a marriage
No full textIn the process of nullity of a marriage the Petitioner must prove nullity his marriage before the Court of Bishops. The Legislator enumerates the proofs they may present. One of them is the document. In this article, the author presents a modern interpretation of the concept of proof through documents. He juxtaposes it with the jurisprudence. He analyses the documents, which usually appear in the files of the process. This is an example of the application of legal norms
Ignorantia iuris nocet. A few remarks from the work of the ecclesiastical tribunal office
No full textThis article shows the relationship of knowledge about the process of the nullity of marriage to the theory of the process. It shows the real errors with which people come to the ecclesiastical court. This article is an attempt at gathering worldly stereotypes about the process of nullity of marriage. Ignorance of the process, its philosophy and purpose entails serious consequences. The author of the article wants to draw attention to the importance of knowledge of the law
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Problematyka posiedzenia w procesie skróconym coram Episcopo
Full text linkThe Briefer Matrimonial Process before the Bishop is characterized, inter alia, by the shortened evidentiary phase. For this purpose, the Legislator introduced the concept of a session. The meaning of the session has become the main concern of this article. In principle, it concerns the use of a specific term in Polish language. For this purpose, the author refers to various legal acts: Code of Canon Law (1917 and 1983), Instruction Provida Mater (1936), Instrutcion Dignitas connubii (2005), their comments and, finally, ratio legis of can. 1686 CIC. Uses methods characteristic of linguistic, systemic and functional interpretation. The analysis leads to the conclusion that the most frequently used term in Polish language does not fully reflect the meaning and function of the term session.The Briefer Matrimonial Process before the Bishop is characterized, inter alia, by the shortened evidentiary phase. For this purpose, the Legislator introduced the concept of a session. The meaning of the session has become the main concern of this article. In principle, it concerns the use of a specific term in Polish language. For this purpose, the author refers to various legal acts: Code of Canon Law (1917 and 1983), Instruction Provida Mater (1936), Instrutcion Dignitas connubii (2005), their comments and, finally, ratio legis of can. 1686 CIC. Uses methods characteristic of linguistic, systemic and functional interpretation. The analysis leads to the conclusion that the most frequently used term in Polish language does not fully reflect the meaning and function of the term session
Tribunal’s competencies in the proces for the declaration of nullity of marriage in the Mitis Iudex Dominus Iesus
No full textThe new canon 1672 simply reiterates the previous norm that tribunals are competent if they are the tribunals of the place where the marriage was celebrated (an adaption of the ancient notion of the forum of the place where the contract was entered) or the tribunals of the place where the respondent has a domicile or quasi-domicile or the tribunals of the place in which the majority of proofs are to be gathered. This article outlines changes in the law. The author points to the advantages and concerns associated with the new law
Indissolubility of marriage as the good of offspring
No full textNiniejszy artykuł przedstawia relację, jaka zachodzi pomiędzy istotnym przymiotem małżeństwa – nierozerwalnością – a celem małżeństwa – dobrem potomstwa. Autor artykułu zwraca uwagę na ich ścisły związek. Nierozerwalność małżeństwa staje się podstawą do zrodzenia, a następnie wychowania potomstwa. Dziecko, które jest owocem miłości rodziców, ma prawo do życia w pełnej rodzinie – nierozerwalnej wspólnocie swoich rodziców. Takie prawo implikuje odpowiedni wzrost dziecka. Natomiast rozerwanie węzła małżeńskiego wpływa zdecydowanie negatywnie na potomstwo. Istnienie takiej relacji pokazuje, że prawda o nierozerwalności małżeństwa powinna być broniona. Świadomość nierozerwalności stanie się na pewno źródłem istnienia w kolejnych pokoleniach szczęśliwych rodzin.This article presents the relationship between an essential attribute of marriage – indissolubility, and the purpose of marriage – the good of offspring. The author draws attention to their close relationship. Pope John Paul II touched this problem in his speech to the employees of the Roman Rota in 2002. Indissolubility of marriage becomes the basis for procreation and education of o>spring. A child who is the fruit of the parents’love has the right to live in full family – in indissoluble community of their parents. Such a law will correct the child’s development. Breaking a marriage a>ects strongly negative on offspring. The author shows the necessity of indissolubility and the negative consequences of divorce of their parents. The existence of such a relationship shows that the truth of the indissolubility of the marriage should be defended. Consciousness of indissolubility is the source of happiness in their families
Difficulties with the judicial application of provisions regarding the processus brevior coram Episcopo in Poland (matrimonial, nullity, process, interpretation, application of law)
No full textPope Francis promulgated the new law in m.p. Mitis Iudex Dominus Iesus on the canonical marriage process. He introduced a shortened trial before the bishop. The application of law shows that this type of process is rarely used. What is the reason? Are we dealing with the problem of law interpretation or application? The author analyzes the issues. In his conclusions he indicates that the greatest difficulty is to determine the facts that affect the possibility of applying can. 1683 Code of Canon Law (MIDI)
Evidence Proceedings in the Light of the Instruction from 1935 to the Court of Bishops in Lodz
No full textIn 1935, Bishop Wladyslaw Jasinski issued the procedural instructions to the Court of Bishops in Lodz. It was the first such Instruction describing the entire process. In this article the author analyses one part of the process – evidence proceedings. The Instruction clearly describes different types of factors: the hearing of parties, testimony of witnesses and other evidence, opinions of experts. These norms are consistent with the Code of Canon Law from 1917 and some of them are examples of practical solutions. The Instruction was a help to employees of the Court. In retrospect, apparently the attitude of the Bishop was a response to the needs of the time
Właściwość sądu w procesie zwykłym w „Mitis Iudex Dominus Iesus”
Full text linkThe new canon 1672 simply reiterates the previous norm that tribunals are competent if they are the tribunals of the place where the marriage was celebrated (an adaption of the ancient notion of the forum of the place where the contract was entered) or the tribunals of the place where the respondent has a domicile or quasi-domicile or the tribunals of the place in which the majority of proofs are to be gathered. This article outlines changes in the law. The author points to the advantages and concerns associated with the new law
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