Friday, July 08, 2016

INCAPACITY TO CONTRACT MARRIAGE



It is not only practical but also necessary  to somehow explain  the three following groupings of realities, everyone of which in effect renders matrimonial consent defective and the thereby ensuing de facto marriage remaining invalid  from the very start.  The said realities as marriage nullity factors are endorsed by reason itself and thereby accordingly provided by law – noting well that the first (“Impediments”) and the second (“Defects”) categories of marriage nullifying factors are already relatively well-known even among members of the laity who are somehow well-versed in Church Matrimonial Laws.

(1st)  Impediments to Marriage in terms of “Underage”, “Impotence”, “Pre-Existing Marriage Bond”, “Disparity of Worship”, “Sacred Orders”, “Vow of Chastity”, “Abduction”, “Crime”, “Consanguinity”, “Affinity”, “Public Propriety”, and “Adoption”.

(2nd)  Defects of Matrimonial Consent caused by “Error”, “Deceit”, “Simulation”, “Condition”, “Force” and/or “Fear”.

(3rd) Incapacity to Contract Marriage by reason of sub-standard “Use of Reason”,  on account of faulty “Judgment” or by virtue of a personal liability of “Psychological Nature” – with the observation that these three last and more intricate causes are the more often invoked marriage nullity causes during these so-called “modern” times that seem to more readily undermine human mental functions, judgment faculty or psychological constitution – in that order of gravity and significance.

So is it that for one reason or another,  there seems to be more and more men and women during these more recent times who are not meant for the Marriage Covenant – with its given nature, inherent attributes, and essential obligations – not really because they do not want to get married at all but rather because the spousal and/or conjugal  and/or parental significance of the marriage institution  is/are beyond their rational potentials (“reason”), their intellectual determination (“judgment”) or personality constitution (“psychological”).  So is it that while their libido remains intact, their persona however is impaired more specifically in terms of mental and/or volitional functions markedly disparate with the “What?” and/or the “Why?”  of marriage as an institution, a covenant, a state of life.

Marriage of blood relatives, disturbing family experience, hallucinogens intake,   amorality caused by a licentious environ and like other factors that have their adverse impact in today’s generation, could have their negative effect on the mental constitution, the judgment faculty or the psyche functions upon progressively more and more individuals  - even without them really wanting the personal impairment caused by such adverse circumstances in their lives.  It can thus be said that those suffering from the said adverse circumstances incapacitating them for validly or effectively contracting marriage are victims rather than culprits.  Let it be pointed out that the said  “Incapacity to contract marriage” has to be established  by the customary errant acta and gesta of the victim party in accord with expert clinical diagnostic pronouncement.