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- Title
Ejes transversales de la doctrina sobre la incapacidad consensual para el matrimonio.
- Authors
TÉLLEZ PBRO, LEONARDO CÁRDENAS
- Abstract
Commonly the exposition of the doctrine on the subject of consensual incapacity based on the hypothesis of the canon 1095 2nd and 3rd is presented in the manuals from the description of each of the elements that characterize these hypotheses of incapacity. In this article we want to assume a different submission criteria and rely, for the exposition of doctrinal reflection on such hypothesis, that in speeches to the Roman Rota of John Paul II in 1987 and 1988 was proposed as a criterion for the interpretation of the consensual inability and which is then systematized by Benedicto XVI in his speech to the Rota of January 29, 2009. These criteria for the interpretation of the failure, in our view, have yielded a real light on doctrine and jurisprudence, making that us look beyond deepening in the different aspects involved in each of the scenarios of consensual inability, in what we might call the transverse axes double capacity, i.e., those principles being the basis of the criteria for the interpretation of the capacity for marriage naturally presumed in any person towards the end of puberty, should be taken into account in the consideration of any hypothesis of consensual inability to reach the moral certainty required to declare the nullity of the marriage.
- Subjects
CATHOLIC Church &; marriage; CANON law; JOHN Paul II, Pope, 1920-2005; BENEDICT XVI, Pope, 1927-2022; MARRIAGE law; CONSENT (Law); CAPACITY (Law)
- Publication
Universitas Canónica, 2015, Vol 32, Issue 48, p57
- ISSN
0120-4491
- Publication type
Article