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Code of Canon Law

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  • BOOK VII : PROCESSES
    • PART III : CERTAIN SPECIAL PROCESSES
        • TITLE I: MATRIMONIAL PROCESSES (Cann. 1671 - 1707)
          • CHAPTER I : CASES CONCERNING THE DECLARATION OF NULLITY OF MARRIAGE
            • ARTICLE 4: PROOFS
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ARTICLE 4: PROOFS

Can. 1678 §1 The defender of the bond, the advocates of the parties and, if engaged in the process, the promotor of justice, have the right:

to be present at the examination of the parties, the witnesses and the experts, without prejudice to can. 1559;

to see the judicial acts, even if they are not yet published, and to inspect documents produced by the parties.

§2 The parties themselves cannot be present at the sessions mentioned in §1, n. 1.

Can. 1679 Unless the evidence brought forward is otherwise complete, in order to weigh the depositions of the parties in accordance with can. 1536, the judge is, if possible, to hear witnesses to the credibility of the parties, as well as to gather other indications and supportive elements.

Can. 1680 In cases concerning impotence or defect of consent by reason of mental illness, the judge is to use the services of one or more experts, unless from the circumstances this would obviously serve no purpose. In other cases, the provision of can. 1574 is to be observed.




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