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Table of contents
1. The structural declination of the principium proximitatis in the novel by Pope Francis - 2. The faculty of access as a prorogatio competentae disposed by the diocesan Bishop - 3. The legal requirements for access to the neighboring court - 4. (Continued) The conditions of validity. Is access only stable or can it also be occasional? – 5. (Continued) The diocesan Bishop can only access a diocesan or interdiocesan tribunal of first instance… - 6. (Continued) …empowered to define the causes of nullity of marriage… - 7. (Continued) …exclusively ratione obiecti per marriage cases… - 8. (Continued) …and provided that the tribunal ad quod belongs to the Latin Church – 9. (Continued) Condition of licitness. Access to a Victius Tribunal – 10. (Continued) Perfecting element. The consent of the Bishop ad quem - 11. (Continued) Subsequent fulfillment. Communication to the Apostolic Signatura of access - 12. Processual effects of access to the neighboring tribunal - 13. The cases of legitimate access to the neighboring tribunal: the substantial presupposition of can. 1673, § 2 - 14. Brief concluding note.
Abstract
The contribution examines the new can. 1673, § 2 of the Code of Canon Law, as modified by the Motu Proprio Mitis Iudex Dominus Iesus of 2015 and the effects of the need for tribunals next to the christifideles on the canonical judicial system.
Keywords
Can. 1673, § 2 of the Code of Canon Law; Motu Proprio Mitis Iudex Dominus Iesus; access to the viciniore tribunal