Force and grave fear as a ground of marriage nullity in canonical legislation : an overview

Abstract

This dissertation intends to provide an overview of the ground of Force and Grave Fear in Canonical marriage nullity by giving a historical background, a general understanding of Canon 1103 of the 1983 Code of Canon Law and an evaluation of its application in ten judgements before the Maltese Metropolitan Tribunal. A qualitative method of research was adopted to evaluate such judgements and to provide a clear representation of recurrent themes within them. The author’s aim is to examine, analyse and evaluate elements of Canon 1103 of the 1983 Code of Canon Law, which were predominant in such cases given by judges between 2010 and 2020. In conclusion, the author noted how all judges uniformly applied the elements of Canon 1103 consistently in their understanding of such Canon and the proof needed to achieve moral certainty. Despite many judges adopting a very similar line of thought in their law and argumentation sections within the judgments, the author also noticed various stylistic features with particular judges making references to literature and jurisprudence more than others.