The exclusion of the ‘bonum fidei’ in Maltese ecclesiastical tribunal jurisprudence

Abstract

This dissertation deals with the exclusion of the bonum fidei in canonical marriage nullity cases, brought before the Maltese Ecclesiastical Tribunal. In order to examine twenty sentences given by different judges at the Metropolitan Tribunal, a Qualitative method of research was chosen. The main aim of this dissertation is to examine, analyse and evaluate the interpretation and application of canon 1101 of the 1983 Code of Canon Law, on the exclusion of the bonum fidei, given by different judges between 2009 and 2018. This dissertation also aims to examine whether any new literature and jurisprudence was being considered by the judges on this particular ground of nullity. The research concludes that the judgments under examination interpreted and applied the exclusion of the bonum fidei in a very consistent manner. It also shows that apart from citing the same literature and jurisprudence, most of the judges expressed the same line of thought in their judgments.