Error Flashcards
What is Ignorance of the Law?
Lack of knowledge about the law.
Define error
false judgement
Distinguish error of law and error of fact
error of law: some type of essential understanding of marraige, formal object
error of fact: error about the person, material fact.
Does error iuris stand as a ground for the nullity of marriage
basically no it can’t be a ground by itself.
there is also an issue as it doesn’t involve the will.
What is key about canon 1099 and the mind and the will
Error concerning the unity or indissolubility or sacramental dignity of marriage does not vitiate matrimonial consent provided that it does not determine the will.
Basically it needs to move the will for it to invalidate.
What is key for error in law
Must always be positively applied to one’s own specific marriage.
Proof of determining error
Existence of error
positive act of the will determine an erroneous object of consent
motivation to apply erroneous concept to one’s own marriage
circumstances
what is required for error determining the will (c. 1099)
must be a positive act of the will.
What is key to 1097 paragraph 1, or error of the person
the person must be entirely different than who you are directing your will to.
for example Jacob with Rachel,
Twins.
What is the error of quality? simply put.
Basically an error of the quality of the person, but not he/she wasn’t the person I thought they would be. Must be an error of the material object.
What is key about error of quality and the will?
Basically the error has to determine the will.
what is meant by positive quality
the person has a certain quality, not necessarily morally good or bad.
What is a negative quality?
that a person does not have something.
What JPII comment is key to understanding error in quality.
Error about a quality of the person’ can only vitiate consent when a quality that is neither frivolous or trivial ‘is directly and principally intended’ (cf. c. 1097 §2), that is, as Rotal jurisprudence has effectively declared, ‘when the quality is intended before the person’”
Explain Objective vs Subjective Value
Objective value is basically it is something not frivolous or trivial, something important
Subjective value is how important it is to the person.
what is an interpretive will?
Basically If I knew than what I know now. This doesn’t invalidate marriage.
How to prove error of Quality by means?
Confession of the erring party
Confirmation of facts and circumstances by trustworthy witnesses from a non-suspect time.
Circumstances supporting connection between the quality and the marriage.
What is the criterion of reaction in error of quality?
How the person responds when they find out the person has or doesn’t have the quality.
Is Dolus retroactive?
No
see the quote on the notes.
Deceit can be done by ____ or ____.
Lie or omission .
Deceit can be done by ____ or ____.
Lie or omission .
What is a common example of dolus
sterility
bearing the child of another man, but she says it is his.
miscarriage not revealed
others.
what is the Criterion of Reaction?
This appears in many grounds, but how does the person responds to learning about some quality, deceit, lack of a quality etc.
What must the motivation be for dolus
To obtain marital consent
what is(are) (a) direct proof(s) of dolus
confession of deciever
confession of decieved
what is(are) (an) indirect proof(s) of dolus
motives
circumstances
