Definitions Flashcards
What is jurisprudence?
Jurisprudence is “an ensemble of concordant decisions”. It is a kind of teaching based on numerous decisions over time by different judges, treating more or less the same matter.
What is the discretion of judgment?
deliberative free choice
What are the elements/phases of discretion of judgment?
- Comprehension (general understanding of marriage).
- Critical-evaluative ability (judgment of marriage to this particular person).
- Internal freedom
What is the material object of one’s matrimonial consent?
The other spouse.
What is the formal object of one’s matrimonial consent?
The relationship chosen.
What is the causa contrahendi?
The reason motivating the choice to get married.
What is the causa nullitatis?
The reason for the nullity of consent.
What is a caput nullitatis?
A ground for nullity of consent.
What is the direct proof of the incapacity of canon 1095?
Expert testimony
What is the indirect proof of the incapacity of canon 1095?
Anything other than expert testimony, e.g. declarations of parties, testimony of witnesses
What is simulation of matrimonial consent?
A disparity between what is externally manifested and truly willed at the time of expressing matrimonial consent.
What are the 5 types of partial simulation (c. 1101)?
Exclusion of:
1. the bonum sacramenti (indissolubility)
2. the bonum fidei (unity/fidelity)
3. the bonum prolis (offspring)
4. the bonum conjugum
5. the sacramental dignity
What is the indirect proof of simulation?
-causa simulandi prevailing over causa contrahendi
-antecedent, concomitant, and subsequent circumstances rendering simulation probable.
What is the direct proof of simulation?
-judicial confession of simulator (at the trial)
-extra-judicial confession of simulator (at a non-suspect time, attested by witnesses)
What is ignorance about the essential aspects of marriage (c. 1096)?
“In order that matrimonial consent may exist, it is necessary that the contracting parties at least not be ignorant that marriage is a permanent partnership between a man and a woman ordered toward the procreation of children by means of some sexual cooperation.”
What is determining error which can vitiate consent?
“Error concerning unity or indissolubility or sacramental dignity” which determines the will (c. 1099).
What is the difference between ignorance and error?
Ignorance is lack of knowledge which you should have. Error is a mistaken judgment.
What are the two types of error of fact which can invalidate consent?
Error of person, error of quality
When does error of quality invalidate consent?
When the quality which is missing was “directly and principally intended” in consent (c. 1097 2).
When does dolus (fraud/deceit) invalidate consent?
When the deception was “perpetrated in order to obtain consent concerning some quality of the other party, which by its very nature can gravely disturb the partnership of conjugal life” (c. 1098).
When does a condition invalidate consent?
When it is a condition about the future; when it is a condition about the past or present and that condition is not met.
Which two grounds are of positive law, applying only to Catholics?
Dolus and conditioned consent.
What is conditioned consent?
“It is a matter of a circumstance which is not yet verified or whose existence is not yet known, which nevertheless becomes the substance of the contract in the intention of the contracting party.”
What are the two types of grave fear which can invalidate consent?
Common fear, reverential fear
What are the three central elements of common fear?
- Grave threat and subjective fear
- Threat is inflicted ab extrinseco
- Marriage is inevitable
Is consent vitiated when it occurs cum metu or ob metum?
Ob metum (on account of the fear), not simply cum metu (with fear)
How does reverential fear differ from common fear?
Not so much a physical/moral threat as a threat of indignation from a loved one or someone revered.
What is the most important indirect proof of force and grave fear?
The party’s aversion to the spouse and/or marriage with this person.
What is the most important indirect proof of error?
The criterion of reaction
What is matrimonial consent (c. 1057.2)?
an act of the will by which a man and a woman mutually give and accept each other through an irrevocable covenant in order to establish marriage.
