[Incapacity to undertaking the essential marital duties due to causes of psychic nature. The forensic-psychiatric point of view].

Abstract:

:Since at least 20 years, most of the legal proceedings of marital incapacity are carried on by the church tribunals mainly of no 3 canon 1095 new law code, that is of mental incapacity to undertaking and performing the essential marital duties. Very often the legal proceedings are very difficult and the canonical lawyers need the forensic psychiatric or psychological opinions. The aim of this paper is to give the forensic psychiatrists and psychologists the essential knowledge connected with the new regulations listed in canon 1095 no 3 of the actual canon law code. According to the opinions of the notable canonical lawyers the author describes the legal and marital prerequisites for valid marriage, the ability for undertaking and performing the essential marital duties and the mental reasons for marital incapacity. The author points out several psychiatric reasons underlying the mental incapacity for undertaking and performing essential marital duties: personality disorders and alcoholism which preclude adequate interpersonal relations and sexually related personality disorders which preclude the exclusiveness and natural consumption of the marital agreement. At the end the author points out the conditions which should have good forensic opinion.

journal_name

Psychiatr Pol

journal_title

Psychiatria polska

authors

Drogowski M

subject

Has Abstract

pub_date

2010-07-01 00:00:00

pages

487-96

issue

4

eissn

0033-2674

issn

2391-5854

journal_volume

44

pub_type

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