Conformity by Equivalence, Prohibition to Resubmit the “Same Case” and Salus Animarum: The Hard Balance between Justice and Lawfulness

Abstract

The conformity for equivalence can be utilized also to avoid an infringement of the principle ne bis in idem, especially in cases pertaining to the nullity of marriage. The main tendencies of doctrine and case law are examined, pointing out the Rota often disapproved this application. However, the article highlights the requirement to protect the libellee’s trial position, avoiding the libellant is privileged.