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Resumen de The libellus: rejection and recourse

Sean T. Doyle

  • The libellus is a fundamental element for the institution of an ecclesiastical trial. Its rejection by a judge can restrict the rights of the faithful to obtain justice from ecclesiastical courts. After briefly reviewing the requirements of a libellus, this article discusses the reasons a judge can reject a libellus, noting certain abuses of this power in practice. It then reviews possible recourses against rejection, both those listed explicitly in the Codex Iuris Canonici and those established by jurisprudence. It focuses particularly on the availability of restitutio in integrum for decrees confirming the rejection of a libellus, arguing that nothing in canonical doctrine forbids its application, although its availability in practice is open to debate.


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