The invalidating force of deceit on matrimonial consent (c.1098) : canonical doctrine and jurisprudence

Abstract

Canon 1098 of the 1983 Canon Code is a relatively new Canon, the meaning and implications of which are to this day continuously being shaped by the teachings of canonists and the wisdom of jurisprudence. This thesis tackles the issue of deceit or as it is commonly referred to throughout this thesis "dolus" and how it affects the matrimonial union.

This study of deceit is composed of a general introduction, six chapters and a short conclusion. It starts by tracing the roots of deception and its development from early manhood up to its introduction in the 1983 Code of Canon Law which incorporated deceit as an autonomous nullifying ground of marriage. A proper understanding of the invalidating ground of deceit can only be achieved if one deciphers its exact meaning and distinguishes it from other related but distinct concepts such an error.