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Study-Unit Description

Study-Unit Description

CODE PLC1200

 
TITLE Canonical Procedures before Ecclesiastical Tribunals

 
UM LEVEL 01 - Year 1 in Modular Undergraduate Course

 
MQF LEVEL 5

 
ECTS CREDITS 2

 
DEPARTMENT Pastoral Theology, Liturgy and Canon Law

 
DESCRIPTION The objective of this study-unit is to introduce students to the laws of procedure adopted by ecclesiastical tribunals, with a particular focus on the canonical norms and jurisprudence related to the institution of marriage. Students will be presented with the basic elements of procedural law as outlined in the Code of Canon Law, in the instruction Dignitas Connubii, and in the motu proprio Mitis Iudex Dominus Iesus. With the help of case studies, students will also have the possibility to follow and analyse the work of ecclesiastical tribunals dealing with marriage nullity and dissolution dispensations.

Learning Outcomes:

1. Knowledge & Understanding
By the end of the study-unit the student will be able to:

(a) identify the basic elements of procedural canon law;
(b) outline the key canonical procedures before ecclesiastical tribunals;
(c) compare contemporary canon law and civil law with regard to marriage.

2. Skills
By the end of the study-unit the student will be able to:

(a) interpret norms and legislation related to canonical procedures;
(b) distinguish between cases of marriage nullity and dissolution procedures;
(c) analyse cases instructed by ecclesiastical tribunals.

Main Text/s and any supplementary readings:

Main Texts:

- Code of Canon Law
- Pontifical Council for Legislative Texts, Instruction 鈥楧ignitas Connubii鈥, 2005
- Pope Francis, Apostolic Letter Motu Proprio 鈥楳itis Iudex Dominus Iesus鈥, 2015.

Supplementary Readings:

- Amenta, P., Le procedure amministrative in materia di matrimonio canonico: storia, legislazione e prassi, 2008
- Bajada, J., 鈥淭he canonical process for the declaration of the nullity of marriage in the 1983 Code of Canon Law and the 2005 Instruction 鈥楧ignitatis Conubii鈥欌, in Id-Dritt 20 (2009) 232-291
- Beal, J.P., 鈥淢itis Iudex Canons 1671-1682 1688-1691: A commentary鈥, in The Jurist 75/2 (2015) 467-529
- Beal, J.P. 鈥 Coriden, J.A. 鈥 Green, T.J., New Commentary on the Code of Canon Law, 2000
- Coriden, J.A., An introduction to canon law (Revised), 2004
- Dugan, P.M. 鈥 Navarro, L. 鈥 Caparros, E., ed., The Reform Enacted by the m.p. 鈥楳itis Iudex鈥, 2016. Commentaries and Documentation, 2016
- Kowal, W. - Woestman, W.H., Special marriage cases and procedures, 2011
- Ludicke, K. 鈥 Jenkins, R.E., Dignitas Connubii. Norms and commentary, 2006
- Sabbarese, L. 鈥 Frank, E., Scioglimento in favorem fidei del matrimonio non sacramentale. Norme e procedura, 2010.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM2 Yes 100%

 
LECTURER/S Kevin Schembri

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years.

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