Kościół i Prawo (Dec 2018)
Implications of Schizophrenia on the Consensual Capability to Enter into Marriage
Abstract
One of the most important causes of marriage nullity is consensual incapacity, i.e. a prospective spouse’s inability to validly express marital consent in accordance with the requirements set out in the 1983 Code of Canon Law. Within the meaning of canon law, the sources of consensual incapability can have various forms, all of which, however, must be related to reason, i.e. mental powers connected with understanding the nature of the sacrament of marriage and the resultant obligations and one’s own actual ability to fulfil them. Therefore, one of the most important causes of consensual incapability is a wide range of mental diseases and disorders.
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