Bonum coniugum e principio di parità

[Autom. eng. transl.] In his last Discourse to the Judges of the Roman Rota, on January 26, 2013, Benedict XVI dwells on the concept of bonum coniugum, stressing that "the authentic marital good [...] consists simply in always wanting the good of the other, in function of a true and indissoluble consortium vitae ». The Pontiff recognizes "the difficulties, from a legal and practical point of view, of explaining the essential element of the bonum coniugum, understood so far mainly in relation to the hypotheses of incapacity (cf. CIC, can. 1095)". And he stresses that it "becomes relevant also in the context of the simulation of consent". Therefore, with the attention that is proper to great scholars and together attentive Pastors, Benedict XVI descends into concrete reality and cites, as a hypothesis in which the good of the spouses is compromised because excluded by consensus, that of the subversion by one of the nudents , due to an erroneous conception of the nuptial bond, of the principle of equality. The observation of the Emeritus Pontiff focuses, in a few but incisive phrases, on fundamental questions of Christian doctrine on marriage and on the canonical regulation itself, such as those of the equal native dignitas of the spouses and its juridical relevance. Furthermore, they are related to the concept of bonum coniugum which is certainly among the most relevant innovations of the matrimonial discipline of the 1983 Code and which still today awaits the expectations connected with its introduction. Then, inspired by the aforementioned observations, this report, after a brief presentation of the magisterial and normative data to which the Allocution refers, will try to outline the essential content of the bonum coniugum, at least as identified by the doctrine and by the most careful jurisprudence to the principle of equality of spouses.