Implications of Schizophrenia on the Consensual Capability to Enter into Marriage Cover Image

Wpływ schizofrenii na zdolność konsensualną do zawarcia małżeństwa
Implications of Schizophrenia on the Consensual Capability to Enter into Marriage

Author(s): Kamil Rutecki
Subject(s): Law, Constitution, Jurisprudence, Canon Law / Church Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: marriage; schizophrenia; mental diseases; marriage law; nullity of marriage

Summary/Abstract: One of the most important causes of marriage nulity 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.

  • Issue Year: 7/2018
  • Issue No: 2
  • Page Range: 141-152
  • Page Count: 12
  • Language: Polish