Abstract

The article tries to investigate the possible relevance of infidelity as evidence in cases of nullity of marriage before the ecclesiastical courts. Based on a review of the chapter of the fidelity exclusion, in general, in the classical canonical doctrine —first in the medieval canonist—, the study comes to examine the value of infidelity as evidence in jurisprudency, based on some key judgments of the Roman Rota, as well as its value as indiciario element, finally going to review the presumption and the main procedural criteria used by the ecclesiastical judges for the assessment of invalidity of marriage by excluding the bonum fidei.

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