Legal Interest in a Lawsuit for Declaring the Nullity of Marriage before the Ecclesiastical Court

Abstract

The judgment of the Supreme Administrative Court of 8 May 2015 confirmed the existence of a legal interest already at the stage of “legal possibility” to initiate proceedings for declaring the nullity of marriage. This interest determines the trouble-free – in contrast to the actual interest – disclosure of personal data of the opposing party. In addition, implementing the provisions of the Concordat, the fact was emphasized that a legal interest can be had not only in a trial before a secular court, but also in proceedings before an ecclesiastical court. What is more, the judgment of the Supreme Administrative Court draws attention to the importance of the fundamental procedural principle audiatur et altera pars. It enables the respondent to defend itself by presenting its position, which in the process of declaring the nullity of marriage takes a special form, because the overriding value is the objective truth about the existence or non-existence of a given marriage.