Progresso e cultura processuale nella giustizia ecclesiastica

Abstract

The legal system of the Church is born and develops in a relationship of meeting, rarely of confrontation and more often of dialogue and mutual complementarity with regard to the past and present legal systems. This work intends to highlight the dynamics of interaction between canon law and civil law in procedural matters, with particular emphasis on the way in which the law of the Church has been able to embrace institutions that already existed in the civil legal systems, but, in its case, it has also been able to regulate them in an original way in order to preserve the fidelity to the ecclesiastical mission. There are three themes addressed: the use of the procedural institution when it comes to resolving controversies arising in the community according to justice; the evidence system and the obligation of stating the reasons for the judgements.

Keywords: canonical process; judicial process; evidence system; reasoning; canonical judgement.