'Error of fact' as a ground of nullity of marriage in canon law and Maltese law

Abstract

The subject of my thesis has long been attracting my attention. Of all the grounds of nullity of marriage, 'Error of Fact' has been since the times of Yves of Chartres a topic which cudgled the brains of writers and jurists. It is an issue of great importance because it deals with marriage which is one of the most fundamental rights of man. On the surface, 'error of fact' may look simple, yet, in reality, it has always been a juridical figure fraught with many difficulties. It is an interesting subject because, although its origin and development can be traced back to centuries, the determination of 'error of fact' is yet, as it were in its infancy, both in doctrine and jurisprudence and surely, will be watched with interest over the coming years.