Oral and written general principles in the canonical process according to the instruction ‘dignitas connubii

Abstract

The canonical process regarding matrimonial nullity is an instrument that allows asserting the truth regarding the bond of marriage. This process is established in Book VII of the Code of Cannon Law and also in the Instruction Dignitas connubii, issued by the Pontifical Council for Legislative Texts on 25 January 2005. Regarding oral and written procedures, the canonical process in force adopts an intermediate solution as it gathers the type of written process and moderates it with specific stipulations that grant the judge the faculty of making use of what the parties or patrons say in order to completely or partially enforce certain procedural documents. On the other hand, the fact that the canonical process is mainly in writing limits the principle of non-mediation, which is a basic element of orality, inasmuch most of the times the judge that gathers the evidence is not the same judge that decides and hands down judgment or, in the best case, the only one among the members of the board responsible that had been in immediate contact with the means of proof.