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ROSA GERACI

Riflessioni a margine dell'ordinanza della Corte di Cassazione del 23 gennaio 2019 N. 1882

Abstract

One of the focal points of ecclesiastical law is the relationship between the delibation of canonical judgments of matrimonial nullity and divorce. This is the background to order no. 1882 issued by Section I of the Supreme Court of Cassation at the hearing of 13th December 2018, which is interesting in terms of argumentation, so that it may provide useful suggestions to clarify the terms of the relationship between the judgment of divorce and the subsequent delibation of an ecclesiastical judgment of matrimonial nullity. The attention paid to the question of the relationship between the annulment of an ecclesiastical judgment in matrimonial matters and the final judgment of cessation of the civil effects of marriage is not surprising given the wide-ranging debate that has been developed in Italy, especially in the last twenty years