cormacburke.me.ke

[English version: Forum 4 (1993) 1: pp. 107-121]

I. THE FACTS

Consensual incapacity under c. 1095, 2º and 3º derives from some grave defect in a person's intellectual or volitive faculties which impede sufficient awareness of the essential matrimonial rights and duties, and/or sufficient freedom in choosing marriage. Given man's natural tendency to marriage, such incapacity evidently constitutes an anomaly that can arise only where a person's consensual faculties are affected by some some extraordinary inadequacy (cf. decis. 18 iulii 1991, coram infrascripto, in una Vayne Castren.-South-Benden., n. 3).

[English version: Monitor Ecclesiasticus CXVII (1992-III-IV), 512-521)]

I. THE FACTS

1.         After a peaceful engagement which lasted three years, Peter H and Clare P married in 1962. Their married life, with three children born, was happy until 1967 at least. Then it went into decline, the reasons being the man's frequent absences on business trips, and especially a deterioration in their sexual life since he began to use women's clothes to stimulate himself in order to have intercourse. Their sexual relations ceased altogether in 1974 or 1975. It is not clear when they separated; apparently about 1978.

[English version: Studia canonica 26 (1992) 244-255]

I.          THE FACTS