https://doi.org/10.21697/im.2018.29.1.06
The presented sentence of the Tribunal of the Rota of the Apostolic Nunciature in Spain resolves the case for nullity of marriage in the third instance for grave defect of discretion of judgment concerning on the part of the woman. The parties entered into a marriage in 1990. After seven years, their relationship broke up. In 1998, the woman filed a lawsuit for nullity of marriage. The case was considered in the first instance for the following titles: grave defect of discretion of judgment concerning on both sides of the process (CCL, can. 1095 n 2); inability to assume the essential obligations of marriage for causes of a psychic nature on both sides of the process (CCL, can. 1095 n 3). In 2000, the negative sentence was passed on all the titles mentioned. In the same year, the case went to the Spanish Rote. In the second instance, in addition to the mentioned titles, the fifth was added: awe of esteem on the side of the woman (CCL, can. 1103). In the judgment, which was passed in 2005, the court declared the marriage nullity only for grave defect of discretion of judgment concerning on the part of the woman. In the third instance (2006-2007) this title was also found to be proven.
On the basis of the presented sentence, the question of compatibility of nullity marriage grounds to be considered. In the discussed sentence, it concerned the grounds: grave defect of discretion of judgment concerning view, these grounds are incompatible and must be considered in a subsidiary way. In the absence of internal freedom (one of the elements of the discretion of judgment), the judgment of the evaluator does not exist in human act, and thus in marital agreement. In the case of coercion, the person who gives consent to marital induces human act, because by entering into a relationship he wants to be released from coercion, through the only way, which is marriage. By law, however, this will is flawed and legally ineffective.
Download files
Citation rules
Cited by / Share
English
Język Polski