- Posted by Mary's Advocates
- On July 28, 2016
English page 289-297 Conclusions (File size 100 kB)
Malicious Abandonment, a Jurisprudence Study
Spanish Original page 289-297 Conclusions (File size 840 kB)
Fernandez-Coronado González, Ana
El Abandono Malicioso Estudio jurispurdencial
Madrid: Montecorvo, 1985.
Ana Fernández-Coronado González, as of 2017, is Professor of Ecclesiastical Law at the Faculty of Law of the Complutense University of Madrid
Page 291: For malicious abandonment to be a ground for a decree of separation of spouses, “[a] few criteria to be considered here. Malicious abandonment must be unilateral. This assuming the action was taken without knowledge nor agreement of the other spouse. It must also be illicitly objective and subjective. This meaning not only the lack of justified cause regarding one’s conduct, but also the clear knowledge of the lack of it by the person executing such action. Intention to dissolve the marital life must exist in the one displaying such action. […] Judicial stipulation of malicious abandonment in the canonical jurisprudence is a unanimous consideration of autonomous causes for conjugal separation”(from conclusion, items V, VI).
NOTE: Doctoral Dissertations are primary sources that can be cited in canon law arguments.