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Annulment of Marriage. Application of can. 1095 no. 3 in Sentences coram Sobański In the canonical legal system, marriage – until its nullity is proven – enjoys the favour of the law, i.e. there is a presumption of its validity. One of the causes of nullity of marriage might be an inability of the psychological nature of a spouse to take the essential responsibilities of marriage (can. 1095 no. 3 CIC). It is currently the most frequently indicated basis in the cases of annulment of marriage. Priest professor Remigiusz Sobański was a prominent Polish canonist, who developed and promoted knowledge and research in the field of marital canon law. In the area of scientific interests and judicial activity of this scholar, there were cases of marriage annulment in which doubts formula included can. 1095 no. 3 CIC. The book discusses the application of this reason for nullity in the judgments of nullity coram Sobański first and third instance of the Metropolitan Court in Katowice. It was impossible to ignore the crucial issues of procedural law relating to the issue of sentencing and evidence. The book is divided into four chapters. The first chapter is the theoretic introduction. The second chapter is the introduction to the topic of sentences of coram Sobański against the background of legal regulations. The third chapter is devoted to essential marriage responsibilities and the incapacitating causes of psychological nature which are the most common in the judgments coram Sobański. The fourth and last chapter is devoted to the evidence which the judge used to take into account in the verdicts. The book presents the analysis of the style of redacting judgments by professor Remigiusz Sobański and their compliance with the rules and the recommendations which professor depicted in his research publications.

Orzeczenie nieważności małżeństwa. Aplikacja kan. 1095 nr 3 w wyrokach coram Sobański