Defender of the bond
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A defender of the bond (
History
Qualifications and obligations
The bull requires that in each diocese, the ordinary appoint a defender of marriage, upright in character, and learned in the law, an ecclesiastic if possible, a layman if necessary. The bishop may suspend him or remove him for cause, and, if he is prevented from taking part in the procedure, substitute another with the requisite qualifications.
Proceedings in first instance
He must be summoned to any trial in which there is question, before a competent judge, of the validity or nullity of a marriage, and any proceeding will be null if he is not duly cited. He must have the opportunity to examine the witnesses, and, orally or in writing, to bring forward whatever arguments may favour the validity of the marriage. He must be cited even though the party interested in the defence of the marriage be present, and all the acts of the court are always to be accessible to him, and at any time he has a right to bring forward new documents or witnesses favourable to the marriage. On assuming his office he must take an oath to fulfill his duties and he is expected to renew the oath in each case. If the judge decides in favour of the marriage the defender takes no further action unless its opponent appeals to a higher court. Here a defender undertakes anew the defence of its validity. If the judge of the first instance decides against the validity of the marriage and no one else appeals, the defender of marriage has the right to appeal to the higher court. If he feels it his duty to appeal, a new marriage may not be contracted until his plea is heard.
This canon legislation was extended and enforced in the United States by an Instruction of Propaganda in 1883, published with the Acts and Decrees of the
Proceedings in second instance
The obligation of the defender to appeal from the decision of first instance adverse to the validity of a marriage has been modified by the
Briefs submitted to the tribunal by the defender of the bond are considered part of the "acts" of the case and the parties have a right to view and comment on the acts before the decision is made by the judge(s).[2]
References
- ^ "Part III - Title I: Marriage processes". Code of Canon Law - Book VII - Processes. Holy See. (Cann. 1671-1716). Retrieved 20 February 2023.
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ignored (help) - ^ D.C. Art. 241 & 242 and Art. 229§2
Sources
- Dignitas Connubii
- This article incorporates text from a publication now in the public domain: Herbermann, Charles, ed. (1913). "Defender of the Matrimonial Tie". Catholic Encyclopedia. New York: Robert Appleton Company.