Published: 2024-12-20

The problem of the relationship of can. 1095, n. 2 CIC and can. 1095, n. 3 CIC in the light of the sentence of the Roman Rota c. Serrano Ruiz of January 23, 2004

ks. prof. dr hab. Wojciech Góralski
Family Forum
Section: Varia (o rodzinie)
DOI https://doi.org/10.25167/FF/5154

Abstract

Since the beginning of the promulgation of the CIC in 1983, there has been a debate about the conceptual differences between evaluative discernment as to the essential marital rights and obligations (can. 1995, n. 2 CIC) and the ability to assume these obligations for psychological reasons (can. 1095 , n. 3 CIC). The aim of the undertaken study is to show the relationship between these two titles of nullity of marriage; the point is to show that the incapacity to undertake these duties is an autonomous title. This will be shown by analyzing the judgment of the Roman Rota of 23.1.2004, c. Serrano Ruiz, in which the marriage was annulled due to this incapacity, despite the fact that in the previous instance there were two negative judgments due to a serious lack of evaluative discernment. This means that the person, although capable of evaluative discernment, was not capable of assuming (and fulfilling) the essential marital obligations. A postulate arises to pay careful attention to the autonomy of can. 1095, n. 3 CIC, in which a large role is played by court experts.

Keywords:

marriage, sentence c. Serrano Ruiz of January 23, 2004, can. 1095, nn. 1–3 CIC, nullity of marriage, gravis defectus discretionis iudicii, incapacitas assumendi

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Citation rules

Góralski, W. (2024). The problem of the relationship of can. 1095, n. 2 CIC and can. 1095, n. 3 CIC in the light of the sentence of the Roman Rota c. Serrano Ruiz of January 23, 2004. Family Forum, 14, 213–240. https://doi.org/10.25167/FF/5154
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