PART III :
CERTAIN SPECIAL PROCESSES
TITLE I:
MATRIMONIAL PROCESSES (Cann. 1671 - 1707)
CHAPTER I :
CASES CONCERNING THE DECLARATION OF NULLITY OF MARRIAGE
ARTICLE 1:
THE COMPETENT FORUM
Can.
1671 Matrimonial cases of the baptised belong by their own right to the
ecclesiastical judge.
Can.
1672 Cases concerning the merely civil effects of marriage pertain to the civil
courts, unless particular law lays down that, if such cases are raised as
incidental and accessory matters, they may be heard and decided by an
ecclesiastical judge.
Can.
1673 The following tribunals are competent in cases concerning the nullity of
marriage which are not reserved to the Apostolic See:
1° the
tribunal of the place where the marriage was celebrated;
2° the
tribunal of the place where the respondent has a domicile or quasi-domicile;
3° the
tribunal of the place where the plaintiff has a domicile, provided that both
parties live within the territory of the same Episcopal Conference, and that
the judicial Vicar of the domicile of the respondent, after consultation with
the respondent, gives consent;
4° the
tribunal of the place in which in fact most of the evidence is to be collected,
provided that consent is given by the judicial Vicar of the domicile of the
respondent, who must first ask the respondent whether he or she has any
objection to raise.
|