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I. The Facts

1.         Marco and Elizabeth married in X Church in Milan in 1981. They had first met in 1972 when he was 19 years old, and she 17. Their friendship soon turned into love, and after a year they got engaged. Two points can be noted from their long engagement: the fact of their having sexual relations, and a five months break in 1972, on her initiative.

[English version: Forum 7 (1996):2, pp. 403-425]

I. The Facts

I. The Facts

Consensual incapacity under canon 1095, 2° and 3° can arise only if the psychic defect or anomaly from which the person suffered at the time of consent made it impossible for him or her to exercise a minimal critical understanding of the essential rights/duties of marriage, or to assume its essential obligations. Essential implies what necessarily pertains to the essence of a thing. It is from the essentials of the matrimonial institution, and not from its accidental aspects, that its essential rights/obligations of marriage art to be drawn.