ARTICLE 6: THE
DOCUMENTARY PROCESS
Can.
1686 A marriage can be declared invalid on the basis of a document which proves
with certainty the existence of a diriment impediment a defect of lawful form
or the lack of a valid proxy mandate; the document must not be open to any
contradiction or exception. It must be equally certain that no dispensation has
been given. When a petition in accordance with can. 1677 has been received
alleging such invalidity, the judicial Vicar, or a judge designated by him, can
omit the formalities of the ordinary procedure and, having summoned the
parties, and with the intervention of the defender of the bond, declare the
nullity of the marriage by a judgement.
Can.
1687 §1 If the defender of the bond prudently judges that the defects mentioned
in can. 1686, or the lack of dispensation, are not certain, he must appeal to
the judge of second instance. The acts must be sent to the appeal judge and he
is to be informed in writing that it is a documentary process.
§2 A party
who considers him or herself injured retains the right of appeal.
Can.
1688 The judge of second instance, with the intervention of the defender of the
bond and after consulting the parties, is to decide in the same way as in can.
1686 whether the judgement is to be ratified, or whether the case should rather
proceed according to the ordinary course of law, in which event he is to send
the case back to the tribunal of first instance.
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