Applying Article 14 of Mitis Iudex Dominus Iesus to the Processus Brevior in Light of the Church’s Constant and Common Jurisprudence on Nullity of Consent

Abstract

Mitis Iudex Dominus Iesus stipulates that the use of the processus brevior for adjudicating causes of nullity of consent may be used only when the introductory petition includes recurring circumstances of things and persons, supported by testimonies and documents that require no further investigation, which together manifest the nullity of consent. Article 14 of the Procedural Rules included with the legislative text presents several examples of circumstances of things and persons that might manifest nullity. Each of them is taken from situations found in Rotal jurisprudence and all of them need to be evaluated based on the principles of the same body of jurisprudence. This article considers how the examples of Article 14 are to be read in light of the Church’s common jurisprudence on marriage nullity. The first part discusses the juridic character of the Procedural Rules in general and of Art. 14 in particular. The second part considers each of the circumstances included in the first paragraph of Art. 14. And the third and final part offers some practical observations on how those officials engaged in the briefer process might take account of the Church’s jurisprudence when fulfilling their tasks.