The Re-Introduction of the Generic Formulation of Doubt at the Tribunal of the Roman Rota

Historical Aspects and Current Practice

Abstract

In the Rescript given to the Dean of the Roman Rota on 7 December 2015, Pope Francis granted the Apostolic Tribunal the ability to reintroduce, as was already customary before the Code of 1983, use of the generic formulation of doubt in marriage nullity cases. Five years since its introduction, we turn now to treat two themes: the first, historical in nature, concerns the understanding and procedural scope the generic formulation had at the Rota antiqua and restituta; the second, practical in nature, concerns the current application of the generic formula at the Roman Rota. The question, therefore, is whether the generic formulation can be understood in continuity with the ancient tradition of the Roman Rota or has acquired a new meaning, i.e. encompassing all the possible grounds of nullity in the specific case. The question remains an open one, since we are still waiting to know what the new norms for the Rota will be and how they will concretize its application.