Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The introduction to the Dignitas connubii (DC) Instruction is divided into three: 1) A short reference to the history of its creation; the three commissions involved in its preparation; and four projects, the last of which is the DC. 2) This is followed by an explanation of what the DC states on its nature, objective and formulation. 3) Finally, it suggests five keys for its correct evaluation: a) the application of can. 1691 is fundamental, with the important clause «nisi rei natura obstet»: when it does not seem possible to harmonize an article of the DC with what the Code states, it must be decided if this situation is due to the obligation to take into account the proper and particular nature of marriage cases; b) the DC bears in mind the great diversity concerning the state and activity of the tribunals; c) the DC receives the Addresses to the Roman Rota and the jurisprudence of the Apostolic Tribunals; d) the intention of the DC is to give the ministers of the tribunals a type of authorized manual and for this reason it is made up of quite heterogeneous material; e) the DC wishes to combine both gravity and speed of trial within the limits of the mandate conferred by Pope John Paul II.

The paper describes the new features that are contained in the Instruction Dignitas connubii." Firstly in relation to the judicial petition: requirements that have to be fulfilled, its petition and admission or refusal by the president of the collegiate tribunal. Secondly, rules of the instruction about the respondent summons and the notification of the procedural acts are considered. Finally, different crisis that may occur along the matrimonial nullity cases are explained: abatement, renunciation, suspension for doubt of non-consummated marriage, etc. and the importance they have according to their producing in the first or second instance.