Conditioned consent as a ground of marriage nullity before the Maltese ecclesiastical tribunal : civil law implications

Abstract

This dissertation examines the Maltese Metropolitan Tribunal’s interpretation of conditioned consent as a ground of marriage nullity and contemplates its civil implications. This is accomplished by studying twelve judgements given by the Ecclesiastical Tribunal on canon 1102 of the 1983 Code of Canon Law. Today, this ground holds as invalid all marriages subject to future conditions and marriages subject to past or present unfulfilled conditions. However, this study also provides an overview of the history of this defect of consent and presents the canon’s evolution through the years. It also delves into the principle elements required to prove conditioned consent and considers this ground as found under Civil Law. This study adopts a qualitative method of research and analyses the judges’ understanding of conditioned consent, as well as their application of this ground for annulment. This research establishes that whilst the judges have a uniform understanding of conditioned consent, the application of canon 1102 is not consistent. Moreover, it also notes how the Civil Courts tend to ignore this ground of marriage nullity and that there seems to be lack of knowledge on what constitutes as conditioned consent amongst individuals and even legal practitioners. The aim of this research is to encourage reform in both Civil and Canon Law. The author believes that the law should hold as invalid every marriage subject to a condition and not only those subject to a future condition. Furthermore, this study hopes to promote more knowledge on this ground of marriage nullity, which although not frequently applied, has potential to be used more often.