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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 3: THE DUTIES OF THE JUDGES
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ARTICLE 3: THE DUTIES OF THE JUDGES

Can. 1676 Before he accepts a case and whenever there appears to be hope of success, the judge is to use pastoral means to persuade the spouses that, if it is possible, they should perhaps validate their marriage and resume their conjugal life.

Can. 1677 §1 When the petition has been accepted, the presiding judge or the 'ponens' is to proceed to the notification of the decree of summons, in accordance with can. 1508.

§2 If, within fifteen days of the notification, neither party has requested a session to contest the suit, then within the following ten days the presiding judge or 'ponens' is, by a decree, to decide ex officio the formulation of the doubt or doubts and to notify the parties accordingly.

§3 The formulation of the doubt is not only to ask whether the nullity of the particular marriage is proven, but also to determine the ground or grounds upon which the validity of the marriage is being challenged.

§4 If the parties have not objected to this decree within ten days of being notified, the presiding judge or 'ponens' is, by a new decree, to arrange for the hearing of the case.




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