Contributi di Federico Marti

SUMMARY: 1. Introduction - 2. The SMOM self-qualification as full member of the international community: critical notes - 3. The nature and scope of the international legal subjectivity of SMOM - 4. The non-relevance of the canonical status and the relationship with the Holy See for the international subjectivity of SMOM - 5. Conclusions.

ABSTRACT: The presence of the Order of Malta (acronym SMOM) on the international scene, because of its singularity, has been the subject of debate and discussion among scholars of international law as well as canon law. In fact, the SMOM’s juridical subjection to the Holy See because of its nature as a Catholic Religious Institute is a critical point under the traditional international legal theory that seems to be inconsistent with the Order’s international subjectivity. The aim of this study is to point out that, using a broad and modern notion of international subjectivity, there is no incompatibility between the canonical nature of the Order of Malta and its membership in the international community.

SOMMARIO: 1. Premessa - 2. Il contributo in generale dell’Avvocato al processo matrimoniale - 3. Il ruolo dell’Avvocato nella fase pregiudiziale - 4. Il libello quale cardine del Processus brevior - 5. Il ridimensionamento del ruolo del DV nel Processus brevior - 6. La centralità del ruolo dell’Avvocato quale conseguenza anche del ridimensionamento delle attribuzioni del Tribunale - 7. Conclusioni.

 The Attorney’s contribution for the purposes of Processus brevior

ABSTRACT: This paper concerns the centrality of the attorney in the Processus brevior. Because the Processus brevior’s particular structure compresses the ordinary canonical resources granted by the Legislator to the subjects involved in a matrimonial trial, the attorney becomes its principal director. In particular, the Libellus in a Processus brevior is not a canvas as in the ordinary process but becomes a script binding all parties intending to go ahead with this special canonical instrument until the desired sentence declaring the nullity of marriage.