Conformity of sentences in canonical doctrine and jurisprudence

Abstract

Judges are still in awe of the possibility of declaring substantial conformity between affirmative sentences based on the same juridical facts but decided under different capita, fearing the ‘imprecision’ that might give rise to further appeals, which instead of facilitating the process would cause even further delays. This dissertation, mostly aimed at Tribunal Judges and personnel, tries to ease their apprehensions, by attempting to persuade the reader that declaring substantial conformity of two sentences despite the different capita is not a possibility to be avoided, but one that has been frequently declared and endorsed by Rotal Auditors in their decisions throughout a long history. Through the dissertation’s outline of the relevant law and jurisprudence, it aims to provide guidelines for the application of such an invaluable tool in the provision of justice by the Tribunals.