https://doi.org/10.21697/pk.2024.67.1.03
The presented article is an unusual commentary on the rotal judgments of c. Verginelli of July 8, 2007 and c. Caberletii of May 7, 2009, in which the Chicagien. case was negatively resolved in two rotal instances due to a grave lack of discretion caused by the woman’s asexuality (can. 1095, n. 2 CIC/83). The added value of this study is expressed in the fact that the author did not limit himself only to comments on rotal judgments, but also took up the hypothetical problem of the consequences of this disorder on the rulings of church tribunals in cases of annulment. He showed that in this case, depending on the existing conditions, cases could be conducted on the grounds of impotence (can. 1084 CIC/83), consensual incapacity to contract marriage caused by grave lack of discretion or incapacity to assume the essential obligations of marriage due to causes of a psychic nature (can. 1095, n. 2-3 CIC/83), both total and partial simulation (can. 1101 § 2 CIC/83), as well as by deception (can. 1098 CIC/83).
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