Published: 2014-04-15

Application of material and procedural juridical reasons, in case of nullity of marriage because of alcoholism of a defendant, for example the sentence of Tribunal third Instance c. Nowakowski of May, 6 2013

Bartosz Nowakowski
Ius Matrimoniale
Section: Orzecznictwo sądowe
https://doi.org/10.21697/im.2014.25.2.06

Abstract

On May 6, 2013 the Tribunal of third instance in Poznan, after considering a case of marriage nullity on the grounds of incapacity to assume the essential obligations of marriage for causes of a psychic nature on the part of the man (ca. 1095 n. 3 CIC), gave an affirmative sentence, what mean that marriage recognized for invalid.

The author of article presents course of process in the first two instance and comment in detail sentence of third instance concentrating especially on material and procedural issues of the marriage canon law. On the first place he raises the problem of alcoholism and its influence on the validity of the marriage consensus. The theme is a presentation of the current issues of our times and concerns extremely gentle and difficult problems because of its subject, character and range.

Keywords:

nullity of marriage, alcoholism

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Citation rules

Nowakowski, B. (2014). Application of material and procedural juridical reasons, in case of nullity of marriage because of alcoholism of a defendant, for example the sentence of Tribunal third Instance c. Nowakowski of May, 6 2013. Ius Matrimoniale, 25(2), 105–117. https://doi.org/10.21697/im.2014.25.2.06

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