Titles of Competence and “Material Concordance” in the Light of the M.P. Mitis Iudex Dominus Iesus

Abstract

The article examines the innovations enacted by Mitis iudex regarding titles of competence in the case of marriage nullity and the division of roles between the Diocesan Judicial Vicar and the Interdiocesan or “vicinore” Judicial Vicar in the processus brevior. The simplification of the introduction of the case is evinced in the elimination of the precautionary restrictions foreseen for the forum of the petitioner and the forum of the proofs and in the extension of the criterion of competence of the petitioner to the quasi-domicile and in favoring expedited admission of the case, directed to the judgment of the bishop through the Diocesan Judicial Vicar or a subject similar to him. In both areas, the procedural reform has brought about a significant change in perspective: from the priority of protecting the respondent to the preponderance of the petitioner’s freedom of choice and from the exclusivity of the jurisdiction ratione materiae to the possible competition of knowledge between the two ministers over the same object (the distinction stems from the process followed). Besides the conceptual and systematic problems which arise, from a practical point of view there arises the problem of integrating the facilitation of the introduction of the process