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Code of Canon Law Annotated 27813_Code_Canon_Law_ANG.book Page 1 Tuesday, April 5, 2016 11:38 AM Supplement to the Code of Canon Law Annotated **** APOSTOLIC LETTER MOTU PROPRIO OF THE SUPREME PONTIFF FRANCIS MITIS IUDEX DOMINUS IESUS *** Rescriptum ex audiencia L’entrata in vigore *** Responses of the Pontifical Council for Legislative Texts 2016 27813_Code_Canon_Law_ANG.book Page 2 Tuesday, April 5, 2016 11:38 AM Literæ Apostolicæ Mitis Iudex Original Latin: http://w2.vatican.va/content/francesco/la/motu_proprio/documents/papa-francesco- motu-proprio_20150815_mitis-iudex-dominus-iesus.html English translation: http://w2.vatican.va/content/francesco/en/motu_proprio/documents/papa-francesco- motu-proprio_20150815_mitis-iudex-dominus-iesus.html Rescriptum ex audiencia: Original Italian: http://w2.vatican.va/content/francesco/it/letters/2015/documents/papa-francesco_ 20151207_rescritto-processo-matrimoniale.html Reponses of the PCTL : http://www.delegumtextibus.va/content/testilegislativi/it/risposte-particolari/procedure- per-la-dichiarazione-della-nullita-matrimoniale.html © For all texts above Libreria Editrice Vaticana 2015 © For other signed translations: the author of the translation © For this edition Wilson & Lafleur Ltée, 2016 Orders to: Wilson & Lafleur Ltée Midwest Theological Forum 40, rue Notre-Dame Est 4340 Cross St #1 Montréal (Québec) Canada H2Y 1B9 Downers Grove, IL 60515, U.S.A. Te l . : (514) 875-6326 / 1-800-363-3227 Te l . : (312) 431-8135 Fax: (514) 875-8356 Fax: (312) 421-8129 www.wilsonlafleur.com e-mail: [email protected] www.theologicalforum.org 27813_Code_Canon_Law_ANG.book Page 3 Tuesday, April 5, 2016 11:38 AM TABLE OF CONTENTS Litteræ apostolicæ motu proprio datæ: Mitis Iudex Dominus Iesus . 4 Apostolic Letter motu proprio Mitis Iudex Dominus Iesus. 5 *********** Rescriptum ex audientia “L’entrata in vigore”, on the implementation and observation of the new law on matrimonial procedures . 32 ********* RESPONSES OF THE PONTIFICAL COUNCIL FOR LEGISLATIVE TEXTS Response Prot. N. 15138/2015, Vatican City, 1st October 2015: On the conversion of the formal process to the processus brevior . 35 Response Prot. N. 15139/2015, Vatican City, 1st October 2015 On the consent of both parties as requirement for processus brevior (new can. 1683 of Mitis Iudex). 37 Response Prot. N. 15155/2015, Vatican City, 13 October 2015 On the Suffraganeus antiquor on the new canon 1687 § 3 Mitis Iudex . 38 Response Prot. N. 15157/2015, Vatican City, 13 October 2015 Whether a special papal provision given for Italy is still in force . 39 Response Prot. N. 15182/2015, Vatican City, 18 November 2015 Concerning the validity of the authentic interpretation of the former canon 1686 . 41 Response Prot. N. 15201/2015, Vatican City, 18 November 2015 Concerning the application of the motu proprio Mitis Iudex Dominus Iesus . 42 Response Prot. N. 15264/2015, Vatican City, 12 January 2016 Whether, in a case concerning a declaration of nullity of marriage, the petitioner can appeal to third instance . 44 27813_Code_Canon_Law_ANG.book Page 4 Tuesday, April 5, 2016 11:38 AM LITTERAE APOSTOLICAE MOTU PROPRIO DATAE MITIS IUDEX DOMINUS IESUS QUIBUS CANONES CODICIS IURIS CANONICI DE CAUSIS AD MATRIMONII NULLITATEM DECLARANDAM REFORMANTUR FRANCISCUS* Mitis Iudex Dominus Iesus, Pastor animarum nostrarum, Petro Apos- tolo eiusque Successoribus potestatem clavium concredidit ad opus iustitiae et veritatis in Ecclesia absolvendum ; quae suprema et universalis potestas, ligandi nempe ac solvendi his in terris, illam Ecclesiarum particularium Pastorum asserit, roborat et vindicat, cuius vi iidem sacrum ius et coram Domino officium habent in suos subditos iudicium faciendi.[1] Labentibus saeculis Ecclesia in re matrimoniali, nitidiorem adepta Christi verborum conscientiam, doctrinam sacri connubii vinculi indissolu- bilitatis profundius intellexit exposuitque, nullitatum matrimonialis consen- sus systema concinnavit atque processum iudicialem ad rem aptius ordinavit, ita ut ecclesiastica disciplina magis magisque cum veritate fidei, quam pro- fitebatur, cohaereret. Quae omnia facta semper sunt duce salutis animarum suprema lege,[2] quoniam Ecclesia, ut sapienter docuit Beatus Paulus PP. VI, divi- num Trinitatis consilium est, ideoque omnes eius institutiones, utique sem- per perfectibiles, eo tendere debent ut divinam gratiam transmittant, atque christifidelium bono, utpote ipsius Ecclesiae fini essentiali, pro cuiusque munere ac missione, continenter faveant.[3] * Cf. http://w2.vatican.va/content/francesco/la/motu_proprio/documents/papa-francesco- motu-proprio_20150815_mitis-iudex-dominus-iesus.html [1] Cf. Concilium Oecumenicum Franciscus II, Const. dogm. Lumen Gentium, n. 27. [2] Cf. CIC, can. 1752. [3] Cf. PAULUS VI, Allocutio iis qui II Conventui Internationali Iuris Canonici inter- fuerunt, diei 17 septembris 1973. 27813_Code_Canon_Law_ANG.book Page 5 Tuesday, April 5, 2016 11:38 AM APOSTOLIC LETTER MOTU PROPRIO OF THE SUPREME PONTIFF FRANCIS MITIS IUDEX DOMINUS IESUS* BY WHICH THE CANONS OF THE CODE OF CANON LAW PERTAINING TO CASES REGARDING THE NULLITY OF MARRIAGE ARE REFORMED The Gentle Judge, our Lord Jesus, the Shepherd of our Souls, entrusted to the Apostle Peter and to his successors the power of the keys to carry out the work of truth and justice in the Church; this supreme and uni- versal power of binding and loosing here on earth asserts, strengthens and protects the power of Pastors of particular Churches, by virtue of which they have the sacred right and duty before the Lord to enact judgment toward those entrusted to their care.[1] Through the centuries, the Church, having attained a clearer aware- ness of the words of Christ, came to and set forth a deeper understanding of the doctrine of the indissolubility of the sacred bond of marriage, developed a system of nullities of matrimonial consent, and put together a judicial pro- cess more fitting to the matter so that ecclesiastical discipline might con- form more and more to the truth of the faith she was professing. All these things were done following the supreme law of the salva- tion of souls[2] insofar as the Church, as Blessed Paul VI wisely taught, is the divine plan of the Trinity, and therefore all her institutions, constantly subject to improvement, work, each according to its respective duty and mission, toward the goal of transmitting divine grace and constantly pro- moting the good of the Christian faithful as the Church’s essential end.[3] * Cf. http://w2.vatican.va/content/francesco/en/motu_proprio/documents/papa-francesco- motu-proprio_20150815_mitis-iudex-dominus-iesus.html [1] Cf. Second Vatican Council, the Dogmatic Constitution Lumen Gentium, n. 27. [2] Cf. Code of Canon Law, can. 1752. [3] Cf. PAULUS VI, Allocutio iis qui II Conventui Internationali Iuris Canonici inter- fuerunt, September 17th, 1973. 27813_Code_Canon_Law_ANG.book Page 6 Tuesday, April 5, 2016 11:38 AM Code of Canon Law Annotated Cuius rei conscii decrevimus reformationem processuum de matrimo- nii nullitate suscipere, huncque in finem Coetum congregavimus Virorum, iuris doctrina, pastorali prudentia et forensi usu insignium, qui, sub modera- mine Exc.mi Rotae Romanae Decani, rationem reformationis delinearent, in tuto utique posito principio vinculi matrimonialis indissolubilitatis. Alacriter operans, brevi tempore Coetus huiusmodi novae legis processualis adumbra- tionem concepit, quae ponderatae considerationi subiecta, vel cum aliorum peritorum auxilio, nunc in praesentibus Litteris transfunditur. Salutis ergo animarum studium, quae – hodie sicut heri – institutio- num, legum, iuris supremus finis manet, Romanum impellit Antistitem ad Episcopis hasce reformationis tabulas praebendas, quippe qui secum sint muneris Ecclesiae participes, unitatis nempe tutandae in fide ac disciplina de matrimonio, familiae christianae cardine et scaturigine. Alit reformatio- nis studium ingens christifidelium numerus, qui conscientiae suae consulere cupientes ab Ecclesiae structuris iuridicis ob physicam vel moralem longin- quitatem saepius arcentur ; postulant igitur caritas et misericordia ut ipsa Ecclesia tamquam mater proximam se faciat filiis qui semet segregatos sentiunt. Hunc in sensum evaserunt optata quoque maioris partis Fratrum Nostrorum in Episcopatu, in recenti extraordinaria Synodo adunatorum, iudicia agiliora ac faciliora accessu flagitantis.[4] Quibus optatis omnino consonantes, statuimus hisce Litteris dispositiones edere quibus non matrimoniorum nullitati, sed processuum celeritati faveatur non minus quam iustae simplicitati, ne, propter elongatam iudicii definitionem, fide- lium sui status declarationem exspectantium dubii tenebrae diutine oppri- mant praecordia. Quod fecimus vestigia utique prementes Decessorum Nostrorum, volentium causas nullitatis matrimonii via iudiciali pertractari, haud vero administrativa, non eo quod rei natura id imponat, sed potius postulatio urgeat veritatis sacri vinculi quammaxime tuendae : quod sane praestant ordinis iudiciarii cautiones. Quaedam enitent fundamentalia criteria quae opus reformationis rexerunt. I. – Una sententia pro nullitate exsecutiva. – Visum est, imprimis, non amplius requiri duplicem decisionem conformem pro matrimonii nullitate [4] Cf. Relatio Synodi, n. 48. 6 . 27813_Code_Canon_Law_ANG.book Page 7 Tuesday, April 5, 2016 11:38 AM Supplement: Mitis Iudex Dominus Iesus It is with this awareness that we decided to undertake a reform of the processes regarding the nullity of marriage, and we accordingly assembled a Committee for this purpose comprised of men renowned for
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