The role of the defender of the bond in marriage nullity cases according to the code of Canon Law and the Instruction Dignitas Connubii

Abstract

This thesis deals with the role of the defender of the bond, in marriage nullity cases discussed in the light of the Code of Canon Law and the Instruction Dignitas Connubii. It is divided into four chapters. The first chapter provides an introduction by giving an outline of the historical development of the role of the defender of the bond, especially the important milestones, such as the introduction of the role of the defender of the bond in virtue of the Apostolic Constitution Dei Miseratione (1741); the Instruction Cum Moneat (1840); The 1917 and the 1983 Codes of Canon Law and the Instruction Dignitas Connubii (2005). The following chapter (chapter two) incorporates the role of the defender of the bond, with particular reference to present day legislation. In this chapter the fundumantal principles are outlined in the following order: A) the appointment and removal of the role of the defender; B) who is eligible to be appointed as a defender of the bond; C) the particular role of the defender; D) the duties of the defender; E) the cessation from the office of the defender. Moreover this chapter deals with the extent to which the defender of the bond is a party to the marriage nullity case. This chapter also focuses on the role of the defender at different stages in the trial including A) the preliminary stage, wherein the defender is appointed after the acceptance of the libellus, the summons and formulation of the doubt; B) the trial and C) the appeal stage. This part of the chapter also deals with the animadversiones. Chapter three deals with the issue as to whether the defender of the bond has a private or a public interest in the case. Chapter four is a conclusion to the thesis and generally reviews the contents of the thesis.