Niedojrzałość emocjonalna jako motyw stwierdzenia nieważności małżeństwa
Emotional immaturity as a motive for annulment of marriage

Summary/Abstract: Emotional immaturity as a cause (defined by canon 1095 of the Code of Canon Law) of the mental incapacity of the subject to express marital consent in a valid way is one of the most controversial and at the same time in the field of matrimonial law. In our study, based on the notion of emotional immaturity elaborated by psychology and Roman jurisprudence, attempts to define the destructive influence of this immaturity on the personality of man and, above all, on his freedom to decide . This maturity would not make it possible to know the subject of the marital consent nor to judge the arguments "for" and "against" the marriage; it can finally reduce the free will of man in this way that he would not be able to make the rational and mature decision, and even if he took it, his emotional immaturity would render him incapable of achieving that goal. This emotional immaturity is envisioned in the coteste "gravis defectus discretionis iudicii" (emphasis is placed here on the lack of the subject's internal freedom) and on "incapacitas assumendi obligationes matrimonii essentiales". It is the character of this immaturity that is most important. As Pope John Paul II points out, it must be clearly distinguishable from a simple difficulty that a subject can manifest in his interpersonal relationships. It must be the real incapacity of a subject to create "consortium totus vitae" that is marriage in all its complexity and fullness.

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