Tiết 7. Những quy tắc tổng quát (Điều 1689-1691)

§1 If the defender of the bond prudently thinks that either the flaws mentioned in can. 1688 or the lack of a dispensation are not certain, the defender of the bond must appeal against the declaration of nullity to the judge of second instance; the acts must be sent to the appellate judge who must be advised in writing that a documentary process is involved.
§2 The party who considers himself or herself aggrieved retains the right of appeal.

The judge of second instance, with the intervention of the defender of the bond and after having heard the parties, will decide in the same manner as that mentioned in can. 1688 whether the sentence must be confirmed or whether the case must rather proceed according to the ordinary method of law; in the latter event the judge remands the case to the tribunal of first instance.

§1 In the sentence the parties are to be reminded of the moral and even civil obligations binding them toward one another and toward their children to furnish support and education.
§2 Cases for the declaration of the nullity of a marriage cannot be treated in the oral contentious process mentioned in cann. 1656-1670.
§3 In other procedural matters, the canons on trials in general and on the ordinary contentious trial must be applied unless the nature of the matter precludes it; the special norms for cases concerning the status of persons and cases pertaining to the public good are to be observed. [Mitis Iudex Dominus Iesus adds the following provisions as “tools for the work of the tribunals to respond to the needs of the faithful” who seek a declaration of nullity. The way of proceeding in cases regarding the declaration of the nullity of a marriage. Art. 1. The bishop, under can. 383,
§1 is obliged, with an apostolic spirit, to attend to separated or divorced spouses who perhaps, by the conditions of their lives, have abandoned religious practice. He thus shares, together with the parochis (cf. can. 529,
§1), the pastoral solicitude for these faithful in difficulties. Art. 2. The pre-judicial or pastoral inquiry, which in the context of diocesan and parish structures receives those separated or divorced faithful who have doubts regarding the validity of their marriage or are convinced of its nullity, is, in the end, directed toward understanding their situation and to gathering the material useful for the eventual judicial process, be it the ordinary or the briefer one. This inquiry will be developed within the unified diocesan pastoral care of marriage. Art. 3. This same inquiry is entrusted to persons deemed suitable by the local ordinary, with the appropriate expertise, though not exclusively juridical-canonical. Among them in the first place is the parochus or the one who prepared the spouses for the wedding celebration. This function of counseling can also be entrusted to other clerics, religious or lay people approved by the local ordinary. One diocese, or several together, according to the present groupings, can form a stable structure through which to provide this service and, if appropriate, a handbook (vademecum) containing the elements essential to the most appropriate way of conducting the inquiry. Art. 4. The pastoral inquiry will collect elements useful for the introduction of the case before the competent tribunal either by the spouses or perhaps by their advocates. It is necessary to discover whether the parties are in agreement about petitioning nullity. Art. 5. Once all the elements have been collected, the inquiry culminates in the libellus, which, if appropriate, is presented to the competent tribunal. Art. 6. Since the code of canon law must be applied in all matters, without prejudice to special norms, even the matrimonial processes in accord with can.1691,
§ 3, the present ratio does not intend to explain in detail a summary of the whole process, but more specifically to illustrate the main legislative changes and, where appropriate, to complete it. Art. 7
§ 1. The titles of competence in can. 1672 are the same, observing in as much as possible the principle of proximity between the judges and the parties.
§ 2. Through the cooperation between tribunals mentioned in can. 1418, care is to be taken that everyone, parties or witnesses, can participate in the process at a minimum of cost. Art. 8
§ 1. In dioceses which lack their own tribunals, the bishop should take care that, as soon as possible, persons are formed who can zealously assist in setting up marriage tribunals, even by means of courses in well-established and continuous institutions sponsored by the diocese or in cooperation with groupings of dioceses and with the assistance of the Apostolic See.
§ 2. The bishop can withdraw from an interdiocesan tribunal constituted in accordance with can. 1423. Art. 9. If a spouse dies during the process with the case not yet concluded, the instance is suspended until the other spouse or another person, who is interested, insists upon its continuation; in this case, a legitimate interest must be proven. Art. 10. The judge can admit an oral petition whenever a party is prevented from presenting a libellus: however, the judge himself orders the notary to draw up the act in writing that must be read to the party and approved, which takes the place of the libellus written by the party for all effects of law. Art. 11
§ 1. The libellus is presented to the diocesan or interdiocesan tribunal which has been chosen according to the norm of can. 1673
§ 2.
§ 2. A respondent who remits himself or herself to the justice of the tribunal, or, when properly cited, once more, makes no response, is deemed not to object to the petition. Art. 12. To achieve the moral certainty required by law, a preponderance of proofs and indications is not sufficient, but it is required that any prudent doubt of making an error, in law or in fact, is excluded, even if the mere possibility of the contrary is not removed. Art. 13. If a party expressly declares that he or she objects to receiving any notices about the case, that party is held to have renounced of the faculty of receiving a copy of the sentence. In this case, that party may be notified of the dispositive part of the sentence. Art. 14
§ 1. Among the circumstances of things and persons that can allow a case for nullity of marriage to be handled by means of the briefer process according to cann. 1683-1687, are included, for example: the defect of faith which can generate simulation of consent or error that determines the will; a brief conjugal cohabitation; an abortion procured to avoid procreation; an obstinate persistence in an extraconjugal relationship at the time of the wedding or immediately following it; the deceitful concealment of sterility, or grave contagious illness, or children from a previous relationship, or incarcerations; a cause of marriage completely extraneous to married life, or consisting of the unexpected pregnancy of the woman, physical violence inflicted to extort consent, the defect of the use of reason which is proved by medical documents, etc.
§ 2. Among the documents supporting this petition are included all medical records that can clearly render useless the requirement of an ex officio expert. Art. 15. If the libellus was presented to introduce the ordinary process, but the judicial vicar believes the case may be treated with the briefer process, he is, in the notification of the libellus according to can. 1676,
§1, to invite the respondent who has not signed the libellus to make known to the tribunal whether he or she intends to enter and take an interest in the process. As often as is necessary, he invites the party or parties who have signed the libellus to complete it as soon as possible according to the norm of can. 1684. Art. 16. The judicial vicar can designate himself as an instructor; but to the extent possible, he is to name an instructor from the diocese where the case originated. Art. 17. In issuing the citation in accordance with can. 1685, the parties are informed that, if possible, they are to make available, at least three days prior to the session for the instruction of the case, those specific points of the matter upon which the parties or the witnesses are to be questioned, unless they are attached to the libellus. Art. 18.
§ 1. The parties and their advocates can be present for the examination of other parties and witnesses unless the instructor, on account of circumstances of things and persons, decides to proceed otherwise.
§ 2. The responses of the parties and witnesses are to be rendered in writing by the notary, but in a summary way and only that which refers to the substance of the disputed marriage. Art. 19. If the case is instructed at an interdiocesan tribunal, the bishop who is to pronounce the sentence is the one of that place according to the competence established in accordance with can. 1672. If there are several, the principle of proximity between the parties and the judge is observed as far as possible. Art. 20
§ 1. The diocesan bishop determines according to his own prudence the way in which to pronounce the sentence.
§ 2. The sentence which is signed by the bishop and certified by the notary, briefly and concisely explains the reasons for the decision and ordinarily the parties are notified within one month of the day of the decision. Art. 21. The competent diocesan bishop and the judicial vicar are determined in accordance with can. 1672.]