https://doi.org/10.21697/im.2637107
The author discusses and comments on the judgment of the Roman Rota of October 18, 2017 (non constare) regarding nullitatis matrimonii due to a grave lack of discernment regarding the essential marital rights and obligations (CIC/83, can. 1095, n. 2) on both parties and/or the exclusion of marriage by both parties (CIC/83, can. 1101 § 2). Seeking to regularize his marital status, the man appealed his marriage for nullity in the Tribunal of First Instance, where a positive judgment was issued (only due to the grave lack of discernment on the man's part). The case was transferred ex officio to the Tribunal of Appeal, where it was heard in the ordinary procedure and a negative judgment was issued on both grounds. After the plaintiff filed an appeal with the Roman Rota, the judges of that Tribunal also ruled non constare de nullitate.
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