A Characterization of the Participation of Parties in the Canonical Legal Litigation

Abstract

Analyzing the effective participation of the parties of litigation in the trial, that is plaintiff and defendant and the parties of the trial, such as spokesman of justice, defender of marriage, defender, proxy, defensor, procurator speciales, stabilis patronus, patronus, curator, tutor, legitimus reprasentantur personarum iudicarum and adminstratorus personarum iudicarum, on should stress that their activity as regards the initiation of the trial concerns only the part of the plaintiff and spokesman of justice. The latter also plays the part of plaintiff in a definite category of litigation in which he has a right to appeal against the validity of marriage. When it comes to their activity during the trial and the matter of fulfilling legal duties, they all have analogical possibilities to act. The essential, and at the same time basic, duty of all the people in the litigation trial in the character of a party of the litigation of party of the trial is to cooperate with the judge. This concerns the reception of correspondence, presence at the sessions, providing any information, keeping to dates, and , ultimately, accepting the verdict. Together with this duty there is a negative one. This is a duty to abstain from any actions that might introduce any essential change into the object of litigation. With regard to all the participants of the trial defined as parties of the trial, one should emphasize a special entitlement and duty to act on behalf of the proper part of the trial, in his or her legal interest and for his or her good. These duties result directly from the essential legal relations, above all with reference to the judge, to the object of the litigation or to the remaining parties. Everybody concerned is introduced in these matters in a formal-legal manner thus bearing appropriate effects, with respective legal norms.