Published: 2022-12-27

Could borderline personality disorder may be the cause of nullity of a canonical marriage? Analysis based on the jurisprudence of the Roman Rota

Bogumiła Olejnik
Ius Matrimoniale
Section: Rozprawy i artykuły
https://doi.org/10.21697/im.2022.33.2.02

Abstract

Borderline personality disorder is one of the mental dysfunctions that causes inability to consensually enter into marriage. It is a disorder that is difficult to diagnose and, at the same time, it occurs more and more frequently in the population. For this reason, the threads related to the occurrence of borderline disorder are also present in the practice of church courts. The subject of the analysis in this article is the jurisprudence of the Roman Rota in cases of nullity of marriage due to defects in matrimonial consent, which were caused by the presence of borderline personality disorder. The analyzed judgments come from 1983-2020. The aim of the analysis is to show the jurisprudence of the Roman Rota, which is to be of practical use to lower courts in adjudicating in cases in which one of the litigants has borderline disorder.

Keywords:

borderline personality disorder, Roman Rota jurisprudence, consensual incapacity, defects of marital consent

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Olejnik, B. . (2022). Could borderline personality disorder may be the cause of nullity of a canonical marriage? Analysis based on the jurisprudence of the Roman Rota . Ius Matrimoniale, 33(2), 33–89. https://doi.org/10.21697/im.2022.33.2.02

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