The Legal Character of the Function of Postulator in the Canonization Proceeding

Abstract

The commentators of the new canon law do not agree as to whether the canonization proceeding has the character of a legal action of which says CIC of 1983 in the norms dealing with the general canonical process, or else the particular process like that of marriage. We may also be dealing here with an administrative action or a common "investigation" devoid of the formal elements of the canonical process. The author proves that the canonical action bears the character of a genuine canonical process and one should retain the norms of the canonical law in it. the norms from book seven CIC.

In this context the author presents the office of postulator exclusively in the light of the new CIC and particular legislation, dealing with the canonization affairs. The author proves in the paper that the postulator combines the rights and duties of the prosecutor and the barrister, that is he holds an extended function in relation to the ancient law.