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Ius Matrimoniale
|
2014
|
vol. 25
|
issue 2
63-88
EN
Aim of the work: Analysis of the premarital relationship with consideration of individual factors of the prospective spouses, their level of social acceptance and their influence on the image and duration of the engagement period and marriage. Evaluation of the relation between social situation of the spouses and the breakdown of marriage. Material and method:  Material included 68 cases of marriage annulment, which were proceeded by the Bishop Court in years 2007-2012. Complete court records and psychiatric-forensic examinations of complainants and defendants were analyzed. Information was coded in specially developed questionnaire, through which in systematical way the data was collected, classified, the frequency of occurrence of chosen factors was cataloged and essential correlations between them were examined by means of statistical analysis. Conclusions: The course of engagement period and decision about betrothal did not have connection with the examined environmental factors. Duration of the marriage did not have any connection with chosen material-domestic and environmental factors. Majority of couples did not dispose of own accommodation what did not result from the material situation. The younger men and women were while contracting a marriage the longer was its duration. Among the analyzed group of marriages there is no data to recognize the environmental factors, which are commonly considered to be attributable to the occurrence of mental disorders. Etiology of the disorders should be researched by expert witnesses in other spheres.
EN
Il caso descritto riguarda due processi, svoltisi contemporaneamente in due tribunali – civile ed ecclesiastico – sull’annullamento di un matrimonio con una persona affetta da schizofrenia. Sulla base di questo esempio, vengono descritte le differenze procedurali, che derivano da diverse normative di legge vigenti nei tribunali vescovili e civili su tale materia, nonché le norme per la nomina dei periti psichiatri, e le differenti aspettative che ciascuno dei tribunali pone davanti a sé. Viene presentata la proposta di utilizzo, da parte dei periti e delle corti, del modello della cosiddetta rete sociale, che consente di effettuare un’analisi più completa e approfondita delle relazioni familiari, soprattutto nelle situazioni in cui uno dei coniugi è malato di mente.
EN
This paper aims at discussing possible conditioning of the future bridegroom’s overdependence on his generational family. Theories analyzing family life identify few possible variants of how such dependence may occur. According to systems theory, the young man’s separation from the family is due not so much to his personal features but the whole dynamic structure of the family. Sometimes to retain homeostasis (maintain family structure), the family strives to keep the future bridegroom within the family. Family loyalty theory elaborates such a hypothesis. Attachment theories reach even deeper into the structures of human psyche, assuming that the model of adult interpersonal relations –that should be fully realized in marriage – depends on the patterns of childhood contacts with one’s parents or legal guardians. If the future bridegroom depends too much on his parents, he may find it difficult to fulfill his marital obligations. The paper proposes to focus on the family structure of the future bridegroom before the marriage is solemnized. Just then, with the help of the church and therapeutic institutions, such family can be diagnosed and actions undertaken toward autonomy and independence of the future spouse, while maintaining satisfactory relations with his generational family.
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