Condotte suicidarie e libertà interna nel consenso matrimoniale. Rassegna giurisprudenziale canonistica

• Paolo Lobiati ^[1]
  1. [1] Giudice del Tribunale Ecclesiastico Regionale Lombardo
• Localización: Il Diritto ecclesiastico, ISSN 1128-7772, Vol. 134, Nº. 3, 2023, págs. 673-705
• Idioma: italiano
• Títulos paralelos:
  • Sucidary conduct and internal freedom in marriage consent. Jurispudential canonistic review
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• Resumen

  • It is possible to include pre- and para-suicidal conduct among the circumstances which make the marriage nullity manifest, pursuant to art. 14 of the Ratio rocedendi of the m.p. Mitis Iudex? Through the analysis of the most recent jurisprudence it is understood that in order to speak of circumstances which make the nullity of marriage manifest, it is necessary to refer to ‘juridics facts’ that are so constitutive that directly of themselves bring about the nullity of consent, because they have such a significance as to establish the existence of one or more grounds of nullity. Instead, jurisprudence has never come to consider the threat of suicide as a substantial element of the defect of consent. Rather, the suicidal conduct, co mpared with the rest of the documents of the case, can obtain either the circumstance value which shows the psychic pathology of the agent declared incapable of contracting, assuming the value of a secondary, or simple, fact. The conclusion is the impossibility of supporting the presumptive value of these conducts to demonstrate the existence of the ground of nullity.