Published: 2018-04-16

The contribution of psychological assessor in cases of ascertainment annulment of marriage including the faultless absence of a respondent

Tomasz Trojnar , Maria Wójcik
Ius Matrimoniale
Section: Rozprawy i artykuły
https://doi.org/10.21697/im.2018.29.2.02

Abstract

The paper presents problem related with participate psychological experts in causes to declare of nullity of marriage in situation absence respondent in trial. According with Codex of Canon Law, in cases of impotence or defect of consent because of mental illness, the Judg is to use the services of one or more experts unless it is clear from the circumstances that it would be useless to do so.
The Authors claim that incorrect is the situation of impanelling the psychological experts by judge in every case if it is only done for strict keeping to the procedure without consideration if it is necessary. Faultless absence of a respondent requires from the judge to particularly pay attention if the rights of a respondent are not infringe.
In described situation the opinion of psychological experts may not comply with requirements and it may cause ruling that is not based on substantial truth as it is shown in this article.

Keywords:

psychological assessor, annulment of marriage, respondent

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Citation rules

Trojnar, T., & Wójcik, M. (2018). The contribution of psychological assessor in cases of ascertainment annulment of marriage including the faultless absence of a respondent. Ius Matrimoniale, 29(2), 41–64. https://doi.org/10.21697/im.2018.29.2.02

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