JA006 – Matrimonial Cases and the Use of Experts in Trials


Course Information

Professor: Philippe Hallein

Program: Lun. III-IV, Mar. III-IV, Gio. III-IV, 1° sem., 1 cr., 1,5 ECTS [24/XI – 6/XII]


As canon 818 is often invoked in processes of nullity of marriage, it’s important to get a right interpretation of the canon. In a process of nullity of marriage due to psychic problems, the expert is a particular important person offering to the judge his specific collaboration. So the judge can take a decision about the existence of impediments for marriage and conjugal live. We focus not only on the expert’s work, but also on the dialogue between judge and the expert.


Through explanation of the canons of CCEO on the role of the expert in matrimonial process, we want to encourage students to see the help that can offer an expert in cases of mental incapacity, as well as the importance of the dialogue between the judge and the expert. The examination of some judgment will help to understand the role of the expert, but will also allow us to study the abuses in cases of mental incapacity.


P.A. Bonnet & C. Gullo (ed.), Il giudizio di nullità matrimoniale dopo l’Istruzione “Dignitas Connubii”. III. La parte dinamica del processo, Vaticano 2008;


Zuanazzi, G., Psicologia e psichiatria nelle cause matrimoniali canoniche,
Vaticano 2012.