Litispendence and its Results in the Canonical Trial For the Invalidity of Marriage

  • Marta Greszata Catholic University of Lublin
Keywords: trial for invalidity of marriage; litispendence; contradictoriness

Abstract

The formal-legal results of lis pendens remain in the trial for the invalidity of marriage from the moment of notification to the parties of the citational decree until the moment of the issuing of the decree by the second instance. The second decree declares the invalidity of marriage. If any of the parties files another appeal, the formal-legal results of lis pendens remain until the final sentence of the Roman Rota. One my therefore state that lis pendens is valid from the moment the petitioner brought his charge until the expiry of the right to appeal. The principle that during the trial no changes can be made with regard to the subject of litigation is carried out at each stage of the trial for invalidity of marriage by all the participants of litigation.

Published
2019-11-14
Section
Articles: Canon Law