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Jorge Otaduy, Professor of Canon Law

No doctrinal changes

Wed, 09 Sep 2015 09:24:00 +0000 Published in La Razón

The Extraordinary Synod on the Family, held in Rome last October, referred to the advisability of speeding up the process of declaring the nullity of marriage. While the agreement was unanimous with regard to the goal, the same was not true with regard to the technical measures to be taken, as can be seen from the reading of the final document of the synodal meeting and from what is contained in the Instrumentum laboris, a text that will serve as the basis for the work of the second Synod on the family, this one ordinary, which will begin on October 4 and will last until October 25.

However, we will not have to wait for the deliberations to be heard at classroom to know the dominant opinions on the matter, because Pope Francis has already made his choice and has promulgated the "motu proprio" "Mitis iudex Dominus Iesus", on the reform of the canonical process for the causes of marriage nullity in the Code of Canon Law.

The reform addresses technical aspects that will contribute to the celerity of the process, without affecting - as it could not be otherwise - the doctrine on the indissolubility of the bond. The Pontiff notes significantly that the reform is oriented "to favor celerity, not the nullity of marriages". In congruence with the above, the causes of nullity will continue to be dealt with judicially and not through management assistant, in order to protect the sacred truth of the bond as much as possible Degree .

Among the new features is the withdrawal of the obligation to obtain a second judgment in accordance with the nullity. Now, a single favorable decision will be enforceable, provided that there is no appeal by the party or the defender of the bond.

The rule to constitute the tribunal in each diocese and to entrust the causes on marriage to a high school of three judges is maintained. The president will be member of the clergy, while the other two may be laypersons. In extraordinary situations, a single judge may be constituted to rule under the responsibility of the bishop.

It was also contemplated that the bishop himself would personally exercise the jurisdictional function, by means of a brief process, in cases where the nullity of marriage was evident. The good of souls, the supreme goal of institutions and laws, prompted the Bishop of Rome, at final, to present this reform aimed at safeguarding unity in faith and in the discipline on marriage, the origin and foundation of the Christian family.