A would-be suicide as a party to the canonical marriage annulment process Cover Image

Niedoszły samobójca stroną procesu o stwierdzenie nieważności małżeństwa kanonicznego
A would-be suicide as a party to the canonical marriage annulment process

Author(s): Mikołaj Mirecki
Subject(s): History of Church(es), Canon Law / Church Law, Sociology of Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: suicide; canonical process; ecclesiastical court; marriage case; defect of marital consent;

Summary/Abstract: Undoubtedly, annulment of marriage is a complicated marital process. Both Polish society and the mass media mistakenly refer to this process as canonical or church divorce. The catalog of reasons for the nullity of marriage is contained in can. 1083–1108 CIC. Among them, there are: breaking obstacles (e.g. age, impotence, ordination, blood relationship), defects of marital consent (e.g. coercion, fear, simulation, condition) and defects of the canonical form of marriage (e.g. lack of a clergyman when concluding a concordat marriage). The issues of suicide and suicide threats are regulated not only by the Code of Canon Law, but also by the Catechism of the Catholic Church, which recognizes that God is the Lord of life and death, and that man only manages herself. It is recognized that the natural duty of every human being should be to care for their own health and life, and not to shorten their existence. The article contains a description of the actual situation of the case of nullity of marriage according to can. 1103 CIC. It is in this canon that the nullity of a marriage due to the threat of suicide is qualified.

  • Issue Year: 2023
  • Issue No: 1
  • Page Range: 31-39
  • Page Count: 9
  • Language: Polish