El obispo-juez. Historia y actualidad de la función judicial del Obispo

Piotr Gałdyn

• Editorial: GRIN Verlag
• Año: 2022
• ISBN del libro electrónico: 9783346573292
• Edición: 0
• Categoría: Derecho de familia

Habilitación del año 2019 en eltema Derecho - Civil / Derecho de Familia / Derecho de sucesiónes, Universidad de Navarra (Faculty of canonical law), Idioma: Español, Resumen: The study analyzes the reforms, but mostly care setting new short process before the bishop, and especially the figure of Bishop, involving his own performance of a judge's role, something that he will inevitably have to carry out in the "briefer process". It is also going to be analyzed of the different stages of the process in current law discloses that some questions, difficulties and loopholes may arise in processing cases according to the new procedure. The Motu Proprio Mitis Iudex Dominus Iesus, Pope Francis published on September 8, 2015, carried out a thorough reform of the canonical processes for declarations of nullity. Among relevant legislative novelties in relation to the marriage annulment process, introduces a new and shorter process before the diocesan Bishop for those evident nullity causes. Another of the most prominent novelties is the direct practise of the Bishop of his judicial ministry: the Bishop is the judge and therefore the only one who has to reach the moral certainty to pronounce a sentence, which will always be positive, since there is no room for a negative sentence because then the Bishop himself will determine the lawsuit to be moved to the ordinary process before its Ecclesiastic court.