The introduction of a new "chapter of nullity" in matrimonial courts of appeal.
Subtitle: A study of legislation in the Code of Canon Law and the instruction Provida Mater Ecclesia
By: by Edward M. Egan.
Publisher: Officium libri catholici (Perugia, Grafica)
Published: 1967
Place of publication: Rome
Language: eng
Number of pages: 214
Subjects: Marriage -- Annulment (Canon law)
Description: "Every well-devised legal system provides rules for dealing with [inconsistencies and contradictions]. In the Code of Canon Law, these rules are set forth in Canons 22 and 23 ... Whenever two ecclesiastical laws are found to be in conflict, the more recent is understood to prevail, provided, first, that the author of the later norm was competent to repeal the earlier one and, second, that he made clear his intention to do so. Should it happen, however, that either the competence or intention of the later legislator be somehow in doubt, both laws are to remain in force; and by means of interpretation, they are to be reconciled insofar as this is possible ... In this dissertation, the question at issue is the conflict which seems to exist between Canon 1891, section 1, of the Code of Canon Law and Article 219, section 2, of the instruction of the sacred congregation of sacraments on marriage court procedure, Provida mater ecclesia ... First, we shall seek to determine whether or not the instruction Provida enjoys such juridic force as to take precedence over the canons in the Code in the event of conflict ... Given that there is no general consensus as to the pre-eminence of either the Code or the Instruction, we shall, in the spirit of Canon 23, investigate various ways in which Canon 1891 and Article 219 might be reconciled"--Preface.
Notes: Bibliography: p. [191]-211.