Open AccessNIEWAŻNOŚĆ MAŁŻEŃSTWA Z POWODU BRAKU WYSTARCZAJĄCEGO UŻYWANIA ROZUMU NA PRZYKŁADZIE WYBRANYCH SPRAW SĄDU BISKUPIEGO DIECEZJI EŁCKIEJ
Author(s) -
Paweł Makarewicz
Publication year - 2014
Publication title -
civitas et lex
Language(s) - English
Resource type - Journals
eISSN - 2449-5522
pISSN - 2392-0300
DOI - 10.31648/cetl.1889
Subject(s) - abandonment (legal) , tribunal , intellect , discretion , law , power (physics) , psychic , maturity (psychological) , philosophy , appeal , political science , theology , medicine , alternative medicine , pathology , quantum mechanics , physics
Catholic Church instructs, that „a marriage that is ratum et consummatum can be dissolvedby no human power and by no cause, except death” (Can. 1141). However there are some cases,when marriage has not come into being from its start. Church tribunals lead investigations in suchcases to show the truth about the marriage. Canon 1095 gives three conditions that would makea person unable to contract marriage from mental incapacity: “They are incapable of contractingmarriage: 1o who lack the sufficient use of reason; 2o who suffer from grave lack of discretion ofjudgment concerning essential matrimonial rights and duties which are to be mutually given andaccepted; 3o who are not capable of assuming the essential obligations of matrimony due to causesof a psychic nature”. Regarding the use of reason, the Church is saying that a person must havesufficient development of their faculties of intellect and will to be able to judge and to will a trulyhuman act. This is the most basic level of intellectual maturity, but one not found in small children,or in adults who suffer from conditions which affect their powers of reasoning. It takes a prettygrave permanent or transitory condition, however, such as schizophrenia, or alcoholic stupor, toinvalidate marriage for lack of reason. The article aims at presenting a reason for invalidity ofmarriage which is lack of sufficient use of reason as exemplified by the diocesan tribunal of Elk.