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Causes of gravis defectus discretionis iudicii (Can. 1095, n. 2 CIC) in the Published Sentences of the Roman Rota in 2004
Abstract
One of the forms of consensual incapacity to marry is a serious lack of evaluative discernment as to the essential matrimonial rights and obligations mutually transferred and accepted (can. 1095, n. 2 CIC). Cases of nullitatis matrimonii examined in this respect at the Tribunal of the Roman Rota from the very beginning, i.e. from the entry into force of the applicable CIC, account for a considerable percentage of the total number of cases. Suffice it to say that in 2014, out of 266 judgments issued, as many as 109 were made for gravis defectus discretionis iudicii (recognised only or with other title/s of invalidity); only 11 of them were published, of which 6 were positive, i.e. annulling the marriage. The latter, therefore, are the subject of this study: c. Heedia Estaban (27.02.2014), c. Graulich (10.04.2014), c. Pinto (13.05.2014), c. Ferreira Pena (27.05.2014), c. Caberletti (31.07.2014), c. Arellano Cedillo (14.11.2014). The main reason for the serious lack of evaluative discernment was psychoaffective immaturity.
Keywords:
marriage, discretion of judgment, gravis defectus discretionis iudicii, sentence, psychoaffective immaturityDetails
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