Published: 2018-10-07

Invalidity of a juridic act placed out of force (can. 125 § 1 CIC)

GINTER DZIERŻON
Prawo Kanoniczne
Section: Rozprawy i Artykuły
https://doi.org/10.21697/pk.2017.60.4.01

Abstract

The analyses of the content of can. 125 § 1 CIC proves that the principle codified in this regulation originates from natural law. “Ratio legis” of this law results from the fact that the force used by a violator stands in opposition to the principled rule of love and undermines the dignity of a human person by violating the fundamental right to freedom of will. Characteristic features of the mechanisms described in this norm are: firstly, physical force inflicted on a person’s body; secondly, lack of possibility to perform a human act; thirdly, actions intended to explicitly restrain one’s freedom of will, as a result of which a juridic act is considered as never to have taken place. The author’s opinion is that the regulation included in can. 125 § 1 CIC is obvious and therefore no codification should be necessary. He believes that the norm was codified so that there would be no doubts concerning the articulated results of physical force in the case of a hypothesis described in this canon.

Keywords:

juridic act, force, invalidity of a juridic act

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DZIERŻON, G. (2018). Invalidity of a juridic act placed out of force (can. 125 § 1 CIC). Prawo Kanoniczne, 60(4), 3–13. https://doi.org/10.21697/pk.2017.60.4.01

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