Incapacity Flashcards
Which canon relates to incapacity?
Can 1095
Can 1095 #1 explain
The most serious, lack of a use of reason
Can 1095 #2 explains what
Grave defect of discretion of judgement, in recognizing what marriage is, and other things.
Can 1095 #3 explains what?
Basically they can’t live out the married life, they are incapable of assuming the essential obligations of marriage.
What is key to understanding 1095 #1 in terms of what is min. necessary?
that they even lack the min use of reason.
Give some examples of those who lack sufficient use of reason
Infants
those sleeping
those under hypnosis
those drunk/intoxicated
insane
others too.
what three elements are a part of discretion of judgement.
comprehension
critical evaluation
internal freedom
What is a defect of discretion of judgment
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.
What is a defect of discretion of judgment
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.
What word should emphasized in number 2 of 1095.
Grave
because it always invovles a psychological anomaly
how is a grave defect usually identified, or one of the following
A clearly defined mental disorder
A complex of psychological defects, generally called a psychological disturbance.
Grave Psychic immaturity
votum super actis
vs
peritia per persona et actis
first one is one who only looked at the acts
second one is one who also interviewed.
The second one is better.
What is necessarily linked in terms of 1095 #2
Necessity of a link between anomaly, deliberative process, and what is essential to marriage
Examples of what does not constitute grave defect of discretion of judgment.
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.
what is direct proof of incapacity or 1095 #2
Expert evaluation
what is indirect proof of incapacity or 1095 #2
Declarations of party
Testimony of other party and witness
quod non est in actis non est in mundo
what is not in the acts, doesn’t exist in the world. (rough translation)
What is the judge called in latin? In relation to being an expert
Peritus Peritorum
IS there an exhaustive list of what is essential to marriage?
Basically no, but it should be similar to Augustin’s goods of marriage.
What language does 1095 #3 use to explain what is necessary for this ground to apply
Causes of a psychic nature.
What is key to see in terms of the psychic nature of 1095 #3?
Antecedents
Explain Latency in terms of 1095 #3
“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.
What are three counter proofs to 1095 #3
- Lengthy Common Life
- If it’s only Relative incapacity
- Merely moral defects preventing fulfillment of an essential obligation.
