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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 5: THE JUDGEMENT AND THE APPEAL
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ARTICLE 5: THE JUDGEMENT AND THE APPEAL

Can. 1681 Whenever in the course of the hearing of a case a doubt of a high degree of probability arises that the marriage has not been consummated, the tribunal can, with the consent of the parties, suspend the nullity case and complete the instruction of a case for a dispensation from a non-consummated marriage; eventually it can forward the acts to the Apostolic See, together with a petition, from either or both of the parties for a dispensation, and with the Opinions of the tribunal and of the Bishop.

Can. 1682 §1 The judgement which has first declared the nullity of a marriage, together with the appeals, if there are any, and the judicial acts, are to be sent ex officio to the appeal tribunal within twenty days of the publication of the judgement.

§2 If the judgement given in first instance was in favour of the nullity of the marriage, the appeal tribunal, after weighing the observations of the defender of the bond and, if there are any, of the parties, is by its decree either to ratify the decision at once, or to admit the case to ordinary examination in the new instance.

Can. 1683 If a new ground of nullity of marriage is advanced in the appeal grade, the tribunal can admit it and give judgement on it as at first instance.

Can. 1684 §1 After the judgement which first declared the nullity of the marriage has been confirmed on appeal either by decree or by another judgement, those whose marriage has been declared invalid may contract a new marriage as soon as the decree or the second judgement has been notified to them, unless there is a prohibition appended to the judgement or decree itself, or imposed by the local Ordinary.

§2 The provisions of can. 1644 are to be observed even if the judgement which declared the nullity of the marriage is confirmed not by a second judgement, but by a decree.

Can. 1685 As soon as the sentence is executed, the judicial Vicar must notify the Ordinary of the place where the marriage was celebrated. This Ordinary must ensure that a record of the decree of nullity of the marriage, and of any prohibition imposed, is as soon as possible entered in the registers of marriage and baptism.




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