Chapter VII: Of Cases Excepted from the Rules Handed Down Thus Far

When from a certain and authentic document, which is subject to no contradiction or exception, it has been established concerning the existence of the impediment of disparity of cult, order, solemn vow of chastity, bond, consanguinity, affinity, or spiritual relationship, and at the same time with equal certitude it has appeared that dispensation concerning these impediments was not given, in these cases, the solemnities recounted thus far having been omitted, the Ordinary, the parties having been cited, will be able to declare the nullity of the marriage, with the intervention nevertheless of the defender of the bond.

Against this declaration the defender of the bond, if he has prudently considered that the impediments of which in can. 1990 are not certain or that dispensation concerning them probably intervened, is held to make recourse to the judge of second instance, to whom the acts are to be transmitted and who is to be warned in writing that there is question of an excepted case.

The judge of the other instance, with the intervention of the defender of the bond alone, will decree in the same manner of which in can. 1990 whether the sentence is to be confirmed, or rather whether one must proceed in the cause according to the ordinary course of law; in which case he remits it to the tribunal of first instance.