The Exclusion of the ‘bonum coniugum’ as an Autonomous Chapter of Matrimonial Nullity: ‘factispecies’ and their Proof

Abstract

The exclusion of bonum co­niugum has been getting some recogni­tion as an autonomous chapter of simu­lation of consent in the jurisprudence of the Roman Rota during the 21st Centu­ry. The article analyses the various facti­species contemplated in these sentences, among which are the rejection of con­jugal parity, the intention contrary to a conjugal experience of sexuality, the exclusion of mutual support in mar­riages contracted for reasons other than marriage itself, or the lack of love as an exclusion of an authentically conjugal community of life. In these cases, the exclusion usually takes the form of an implicit simulation, deepening the arti­cle on the characteristics of the implicit act of will, on a substantive and proce­dural level.