Error Determining the Will (c. 1099) as an Autonomous Caput nullitatis in Rotal Jurisprudence
The supreme legislator declares in canon 1099 that error about the unity or indissolubility or the sacramentality of marriage does not vitiate consent, in general; but it could do so in particular cases inasmuch as that error determines the will of the one marrying. The sources for this canon, apart...
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| Format: | Print Article |
| Language: | English |
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| Published: |
School of Canon Law, The Catholic University of America
2021
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| In: |
The jurist
Year: 2021, Volume: 2, Issue: 77, Pages: 407-463 |
| Summary: | The supreme legislator declares in canon 1099 that error about the unity or indissolubility or the sacramentality of marriage does not vitiate consent, in general; but it could do so in particular cases inasmuch as that error determines the will of the one marrying. The sources for this canon, apart from canon 1084 of the 1917 code, are all definitive sentences of the Roman Rota, which prior to 1983 recognized the ability of a deeply rooted error to vitiate consent to the extent that it motivated a spouse to simulate his consent. This understanding appears to have been the one motivating the drafting of canon 1099. The latter canon has given a normative title for accusing and examining a marriage on "error determining the will" as an autonomous claim, and the jurisprudence is developing a configuration of that heading of nullity, even while verifying the difficulty and relative rarity of its incidence. According to the post-1983 Rotal jurisprudence, erroneous ideas about marriage do not necessarily influence the operation of the will when one consents to marriage. Error that is deeply rooted and obstinate only invalidates consent when it is proven to have moved the will, which is not certain in itself. Error is verified to move the will inasmuch as the erring party applies his erroneous notion to his own marriage for a concrete reason. In practice, this is unlikely to occur in relation to the sacramental dignity of marriage, while it appears to relate more to its indissolubility. |
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| ISSN: | 0022-6858 |
| Contains: | Enthalten in: The jurist
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