The search for truth, 'ratio' and 'telos' of the canonical process of nullity of marriage

Abstract

The search for truth constitutes the directive principle of the process for assessing the nullity of marriage. Inspired by the thought and the contribution of Llobell, the article analyzes the profound (ontological and anthropological) influence of the issue of truth in the procedural context. In the institutional conception of the process, the unity of action guides the whole operativity of the included subjects, particularly the judge, the parties, and their respective advocates. The declarations of the parties, even in light of the reformulation of can. 1678 § 1 MIDI, must be evaluated according to a criterium of healthy juridical realism. The search for truth in the investigatory part of the process finds its reflection in the moral certitude of the judge. The fulfillment of justice in the process may never prescind from truth, and the procedural reform must be interpreted in terms of a reciprocal integration and continuity with the canonical tradition.