Total simulation of marriage consent in Maltese ecclesiastical tribunal jurisprudence

Abstract

This dissertation’s main objective is to analyse whether the sentences on the ground of total simulation converge, and whether the position of the judges of the Metropolitan Tribunal is in correspondence with that of the Tribunal of the Roman Rota. This dissertation starts with an introduction to total simulation. A detailed examination of total simulation will then be carried out to help the reader understand this ground of annulment, as interpreted by authors and commentators. Subsequently, an examination of the data collection method, the data analysis method, the amount of judgments and the adopted timeframe will be carried out. The limitations of this research will also be analysed. The researcher opted to analyse the application and interpretation of canonical legislation and jurisprudence as used by the judges of the Metropolitan Tribunal of First Instance of the Archdiocese of Malta. The dissertation will also analyse the sources, literature and jurisprudence used by the judges. A discussion will be carried out at the end of this dissertation, with the intention of reviewing and initiating a debate about the findings of this study. This dissertation will conclude with the underlining of the aim and outcome of this research.