Incapacity

Question 1

Which canon relates to incapacity?

Answer 1

Can 1095

Question 2

Can 1095 #1 explain

Answer 2

The most serious, lack of a use of reason

Question 3

Can 1095 #2 explains what

Answer 3

Grave defect of discretion of judgement, in recognizing what marriage is, and other things.

Question 4

Can 1095 #3 explains what?

Answer 4

Basically they can’t live out the married life, they are incapable of assuming the essential obligations of marriage.

Question 5

What is key to understanding 1095 #1 in terms of what is min. necessary?

Answer 5

that they even lack the min use of reason.

Question 6

Give some examples of those who lack sufficient use of reason

Answer 6

Infants
those sleeping
those under hypnosis
those drunk/intoxicated
insane
others too.

Question 7

what three elements are a part of discretion of judgement.

Answer 7

comprehension
critical evaluation
internal freedom

Question 8

What is a defect of discretion of judgment

Answer 8

person cannot use one or more elements of discretion of judgement.

it’s impossible for the person to use one or more aspect of marriage.

Question 9

What is a defect of discretion of judgment

Answer 9

person cannot use one or more elements of discretion of judgement.

it’s impossible for the person to use one or more aspect of marriage.

Question 10

What word should emphasized in number 2 of 1095.

Answer 10

Grave

because it always invovles a psychological anomaly

Question 11

how is a grave defect usually identified, or one of the following

Answer 11

A clearly defined mental disorder
A complex of psychological defects, generally called a psychological disturbance.
Grave Psychic immaturity

Question 12

votum super actis
vs
peritia per persona et actis

Answer 12

first one is one who only looked at the acts

second one is one who also interviewed.

The second one is better.

Question 13

What is necessarily linked in terms of 1095 #2

Answer 13

Necessity of a link between anomaly, deliberative process, and what is essential to marriage

Question 14

Examples of what does not constitute grave defect of discretion of judgment.

Answer 14

Psycholgoical immaturity
imperfect psychological equilibrium
lack of accurate foresight of all that marriage will entail (“concerning essential rights and obligations.”)
Failure to make a good decision about marriage or choice of a spouse
Lack for profound reflection about the nature of marriage.

Question 15

what is direct proof of incapacity or 1095 #2

Answer 15

Expert evaluation

Question 16

what is indirect proof of incapacity or 1095 #2

Answer 16

Declarations of party
Testimony of other party and witness

Question 17

quod non est in actis non est in mundo

Answer 17

what is not in the acts, doesn’t exist in the world. (rough translation)

Question 18

What is the judge called in latin? In relation to being an expert

Answer 18

Peritus Peritorum

Question 19

IS there an exhaustive list of what is essential to marriage?

Answer 19

Basically no, but it should be similar to Augustin’s goods of marriage.

Question 20

What language does 1095 #3 use to explain what is necessary for this ground to apply

Answer 20

Causes of a psychic nature.

Question 21

What is key to see in terms of the psychic nature of 1095 #3?

Answer 21

Antecedents

Question 22

Explain Latency in terms of 1095 #3

Answer 22

“According to the prescripts of law, it is therefore necessary that the grave psychic defect from which the incapacity derives already afflicted the mind the one marrying at the time of the wedding, even if the effects, which touch upon the communion of life or the other essential property, erupted and were made manifest only in the postnuptial period.”

Basically kinda there, but wasn’t intolerable yet.

Question 23

What are three counter proofs to 1095 #3

Answer 23

1. Lengthy Common Life
2. If it’s only Relative incapacity
3. Merely moral defects preventing fulfillment of an essential obligation.