Analiza porównawcza norm dotyczących postępowania o nieważność małżeństwa w Kodeksie Prawa Kanonicznego i Kodeksie Kanonów Kościołów Wschodnich

Abstrakt

The conviction that the regulations concerning matrimonial trials in the Canon Law Code (CIC) and the Eastern Churches Canons Code (CCEO) are very similar is fairly widespread. It is true that they are similar, but they are not identical, and this is why it seems justified to look closely at these norms in both codes, taking into consideration the recent instruction on marriage nullity cases of 8 February 2005, Dignitas Connubii (DC). Passing over the canons that are the same in both codes, the ones that only have slight editorial differences, the ones that are different due to the systemic difference between the Latin Church and the Eastern ones, canons can be distinguished with secondary differences concerning their substance, which do not have to influence the proceedings in a particular matrimonial trial, and canons with significant differences that do affect the proceedings in particular matrimonial trials in the Latin Church and in Eastern Churches. With the same intention of the legislator who created both codes as well as the Instruction Dignitas Connubii, each of both Churches examines and decides on matrimonial cases according to its own autonomous solutions.