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Title variants
Grave defect of discretion of judgment (can. 1095, n. 2 CIC) in the sentence of the Roman Rota c. Caberletti of 20 November 2018
Languages of publication
Abstracts
The sentence of the Roman Rota, c. Caberletti, concerns the marriage of a 34-year-old man, which was concluded in a certain haste. Therefore, from the very beginning the parties lived side by side, and after less than two years they broke up. The immediate reason for the claimant's departure was the defendant's infertility. The case for nullity was initiated by a man pointing to two grounds of nullity: a mistake as to the attribute of a woman intended directly and principally (can. 1097 § 2 CIC) and the exclusion of the indissolubility of marriage by the woman (can. 1101 § 2 CIC). After the handing down (in 2006) of a negative verdict on both headings, the man resigned from the appeal. However, wishing to regulate his civil status, after eight years (in 2014) he applied for the nullity of his marriage to another Tribunal – this time due to a grave defect of discretion of judgment the essential matrimonial tights and duties mutually to be handed over and accepted (can. 1095, n. 2 CIC). Two years later, nullity of the marriage had not been ruled, and the man appealed against it to the Roman Rota, where a positive decision was made. The opinion of an expert in a rotating instance played a significant role in the positive outcome of the case.
Journal
Year
Volume
Issue
Pages
91-114
Physical description
Dates
published
2020
Contributors
References
Document Type
Publication order reference
Identifiers
Biblioteka Nauki
21150844
YADDA identifier
bwmeta1.element.ojs-doi-10_21697_im_2020_31_2_05
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