The essential contents of the Bonum Fidei and its exclusion : doctrine and jurisprudence

Abstract

This thesis presents an overview of the bonum fidei as a ground of nullity of the matrimonial bond. To introduce the subject matter, the first chapter of this dissertation aims to give a general picture of simulation. What is simulation? What effect does it have on matrimonial consent? What is required for the nullity of a marriage to arise on the ground of simulation? The second chapter is more oriented to the bonum fidei per se. It deals with the origin of the bonum fidei. The chapter introduces Augustine's tria bona focusing on the bonum fidei. It then proceeds to analyse the biblical view on fidelity in marriage and further examines the influence the Second Vatican Council had on the bonum fidei. The chapter concludes by giving a general overview of the elements of the bonum fidei. The third chapter focuses on the evolution of the bonum fidei, the interpretations that were given in the 1917 Codex Iuris Canonici, as well as the 1983 Codex Iuris Canonici. The chapter then proceeds to analyse the interpretation of the bonum fidei in canonical jurisprudence, and the change that was brought about in this ground of nullity in 1963 by coram De Jorio. Finally the objective of all matrimonial nullity cases is for the Judge to reach moral certainty regarding the nullity of the marriage. Unless the Judge acquires moral certainty the validity of the marriage is upheld. Chapter 4 looks into the proof required for simulation. The need has been felt to focus on proof in the final chapter since in reality the ground gains relevance only if the nullity of the marriage can be proved.