Published: 2023-12-29

Infidelity vs nullity of a marriage

Michał Wieczorek
Ius Matrimoniale
Section: Rozprawy i artykuły
https://doi.org/10.21697/im.2023.34.2.05

Abstract

The article undertakes an analysis of several sentences issued by the Tribunal of the Roman Rota. The main issue is infidelity of one of the spouses. Although infidelity is not a cause of nullity of marriage, it can be taken into account as a relevant circumstance for evaluating the evidence. The analysis contains judgments for the exclusion of marital fidelity and incapacity to assume essential marital duties due to mental reasons and the exclusion of the indissolubility of marriage. The research material allows for a better understanding of infidelity itself but also highlights the proper way to proceed with cases where infidelity is the main line of evidence.

Keywords:

jurisprudence of the Roman Rota, nullity of marriage, infidelity

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Citation rules

Wieczorek, M. (2023). Infidelity vs nullity of a marriage. Ius Matrimoniale, 34(2), 105–127. https://doi.org/10.21697/im.2023.34.2.05

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