The 'Exclusio Boni Prolis' in Maltese Ecclesiastical Court Jurisprudence

Abstract

This term paper deals with the ground of exclusio boni prolis in canonical marriage nullity cases brought before the Maltese Ecclesiastical Tribunal. A qualitative research method was used to examine twenty judgments given by different judges in a span of twenty years. The aim of this research is twofold: to analyse how different judges presiding at the Maltese Ecclesiastical Tribunal interpret and apply the ground of exclusio boni prolis and to examine which sources and literature judges refer to when writing their judgments. The layout of different judgments and statistics pertaining to positive and negative judgments given by judges presiding at the Maltese Ecclesiastical Tribunal are also discussed. It was concluded that judges interpret and apply the ground of exclusion of children in a very consistent manner. Moreover, they tend to quote the same literature and sources. It has also been noted that judges do not make reference to modern literature and sources when writing their judgments.