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  • TITLE 26 Certain Special Procedures
    • 1372
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Canon 1372

1. After a petition has been admitted, the judicial vicar or a

judge designated by him, omitting the formalities of the ordinary

process but having cited the parties and with the intervention of

the defender of the bond, can declare the nullity of a marriage

by a sentence, if from a document which is subject to no contradiction or exception there is certain proof of the existence of a

diriment impediment or a defect of the form for the celebration

of marriage required by law, provided that it is clear with equal

certitude that a dispensation was not granted; this can also be

done if there is certain proof of the defect of a valid mandate

of procurator. 2. However if it is the case of one who would

have been obliged to observe the prescribed form for the celebration of marriage required by law, but who attempted marriage before a civil official or a non-Catholic minister, the pre-nuptial

investigation mentioned in can. 784 suffices to prove his or her

free status.




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