La falta de amor como causa de nulidad de matrimonio

Abstract

Hitherto, love has lacked any legal significance in both the canonical doctrine and jurisprudence of marriage, so, in practice marriage can be made up against or aside its nature of being a union of love in the eyes of God, as a mere contract on obligations. In keeping with the personalist conception of marriage already assumed by the Second Vatican Council, as well as by its own anthropological and liturgical-theological nature, and following the teachings of the most last pontifices, it is postulated that a consent realized by profit and without love, must be considered contrary to its own entity as being love bound. Nevertheless, the personal-loving nature of the conjugal union must constitute the centre of the canonical statute of marriage, if the predominant inappropriate contractualist conception of the present system is to be overcome. Thereby, the canonical norms ought to be a juridical expression of the anthropological and theological underlying reality, not a foreign figure juxtaposed to it.