Folia Canonica 8. (2005)
STUDIES - Wojciech Kowal: Norms for Preparing the Process for the Dissolution of the Matrimonial Bon din Favour of the Faith
106 WOJCIECH KOWAL OMI search takes place.”81 This commission is to be done in writing, signed by the diocesan bishop, dated and notarized, and made evident in the acts.82 A welcome change in the procedural rules should be stressed here. According to the Norms of 1973, the local ordinary was to instruct the case either personally or by another cleric (ecclesiasticus vir) delegated by him.83 84 An important novelty is found in the new Norms: there is no longer mention of ecclesiasticus vir. The text employs the Latin word persona,84 therefore opening the possibility of having a lay person as instructor in favour of the faith cases. On the other hand, the professional competence and availability of officers appointed to the task is relevant as it seems pointless to appoint to the offices of instructor and defender of the bond persons who have constantly to delegate their work to others.85 Other officials involved in the instruction of the process are the notary and the defender of the bond.86 The participation of the defender of the bond or another person delegated for a particular casé is no longer strictly required in preparing the questionnaires for the parties and the witnesses.87 Article 14, § 3 of the new Norms states that “the instructor is to question the parties and witnesses in accord with a questionnaire prepared beforehand either by him or herself or by the defender of the bond.”88 3. Proofs Article 12, § 1 of Potestas Ecclesiœ provides the fundamental principle that “all assertions must be proven according to the norm of law, either by documents or by depositions of witnesses which are worthy of belief.”89 81 Ibid., no. 2. 82 See Potestas Ecclesiœ, art. 11, § 2, 11. 83 See Ut notum est, art. 1, in LE, vol. 5, col. 6703 (English translation in WOESTMAN, Special Marriage Cases, 131). The Congregation for the Doctrine of the Faith insisted upon the observance of this requirement in its directives for diocesan personnel charged with the instruction of favour of the faith cases: “The judge must be an ecclesiastic” (Schumacher - Jarrell [eds.], Roman Replies and CLSA Advisory Opinions 1990, 29, no. 6). 84 See Potestas Ecclesiœ, art. 11, § 1, 11. 85 See directives from the Congregation for the Doctrine of the Faith, in Schumacher - Jarrell (eds.), Roman Replies and CLSA Advisory Opinions 1990, 28-29, no. 1. 86 See Potestas Ecclesiœ, art. 11, § 1, 11. 87 As art. 4, § 1 of Ut notum est stipulated. See in LE, vol. 5, col. 6703 (English translation in Woestman, Special Marriage Cases, 132). 88 “Instructor partes et testes interroget secundum quaestionarium antea paratum, a semetipso vel a vinculi defensore [...]” (Potestas Ecclesiœ, 12). 89 “Asserta probari debent ad normam iuris, sive documentis, sive depositionibus testium fide dignorum” (ibid., 11). Cf. Ut notum est, art. 2, in LE, vol. 5, col. 6703 (English translation in WOESTMAN, Special Marriage Cases, 132).
