The two decrees of the Roman Rota under comment deal with an issue of objective relevance for the canonical process of matrimonial nullity: the relationship between the correct notification of procedural acts (acta iudicialia) and the right of defense (iusdefensionis).' Indeed, the right of defense which finds its original foundation in natural law and is also widely recognized in positive canon law-cannot and should not be understood in the abstract, as if it were a begging of the question, but concretely at the various stages of the process.
Ferrante M, (2023). Notification of Judicial Acts and the Ius Defensionis: a Commentary on two Rotal Decrees. THE JURIST, 79(1), 260-274.
Notification of Judicial Acts and the Ius Defensionis: a Commentary on two Rotal Decrees
Ferrante M
2023-01-01
Abstract
The two decrees of the Roman Rota under comment deal with an issue of objective relevance for the canonical process of matrimonial nullity: the relationship between the correct notification of procedural acts (acta iudicialia) and the right of defense (iusdefensionis).' Indeed, the right of defense which finds its original foundation in natural law and is also widely recognized in positive canon law-cannot and should not be understood in the abstract, as if it were a begging of the question, but concretely at the various stages of the process.
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