Feliciano Gil-de-las-Heras e-mail(Login required)

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Feliciano Gil-de-las-Heras e-mail(Login required)

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37
We have decided to answer a question which has been asked several times in a confused manner: Has the Court of the Roman Rota applied the remedy of restitution in matrimonial cases? In different articles on this question the answer was affirmative. However our analysis of a great number of rotal decisions has convinced us that the answer is a negative one. We have found only one decision in which this remedy was actually applied in a matrimonial case. Much of the confusion stems from the belief that the rejection of the remedy implies its possible admission in other cases for general reasons. It would have been better to reject it outright, without more ado, on the grounds that it was a matrimonial case. We state the motives behind the rotal decisions without being able to conelude that they recognize this remedy in matrimonial cases.

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Procedural issues concerning canonical narriage