Il nuovo regime probatorio nei giudizi canonici di nullità del vincolo: riflessioni a prima lettura

Abstract

The study examines the new rules of evidence arising from the reform of the matrimonial canonical process, intended primarily to enhance the judicial confession and the declarations of the parties, to which can be attribute the force of full proof as long as they are supported by witnesses to the credibility of the parties and unless other elements are present which weaken them. The opinion underlying the essay is that this is a very interesting development, on the basis of which - by the way - the so-called "nullities of conscience" (i.e. the cases in which the invalidity is not demonstrable as such "in foro externo" because it is supported only by the declaration of the interested party) seem practically destined to be kept to a minimum. Subsequently, the study focuses on the explication of the most plausible reason behind the new regime in question, namely the intention to avoid the inconveniences stemming from the obligation to combine the judicial confession or the declarations of the parties (albeit conclusive and confirmatory in order to the "thema probandum") with other evidence.