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Title: A historical approach to the question of psychic incapacity
Authors: Xuereb, Edward
Keywords: Canon law
Marriage (Canon law)
Capacity and disability (Canon law)
Emotional maturity -- Religious aspects -- Christianity
Issue Date: 2006
Publisher: University of Malta. Faculty of Theology
Citation: Xuereb, E. (2006). A historical approach to the question of psychic incapacity. Melita Theologica, 57(1), 49-75.
Abstract: Is canon 1095 of the 1983 Latin Code a novelty in Church Law? From a formal viewpoint, the canon, which derives from canonical jurisprudence, certainly represents an innovation, since the former Code presupposed but did not explicitly treat the types of incapacity of the spouses with regards to marriage. Yet, from a substantial perspective, it is interesting to note that classical canon law already tackled the issue of psychical infirmity as a cause of incapacity to contract marriage, even though this was not said in a technical and precise way. For this reason, a brief analysis of certain historical sources, without pretending to be exhaustive, will make it clear that the canon in question is not a radical originality, but a technical precision of a clear awareness present in the marriage system of law since its beginnings. Besides, it will help us to understand the significance and the motives of the incumbent legislation.
ISSN: 10129588
Appears in Collections:MT - Volume 57, Issue 1 - 2006
MT - Volume 57, Issue 1 - 2006

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