La inmadurez psicológica y el consentimiento matrimonial en la jurisprudencia rotal

Abstract

Recent Roman Pontiffs have been drawing attention to the abundant cases of nullity of marriage because of psychological incapacity (c.1095,2° and 3°) which have been declared in church tribunals dur- ing the last twenty or thirty years, as the holy Father recalled, in his 2009 discourse to the Apostolic Tribunal of the Roman Rota, some principles which we have to bear in mind in dealing with these cases. The author, basing himself on these words of the Holy Father, analyses the influence which psychological immaturity of itself has on the validity or not of marriage: after stating that psychological immaturity is a very widespread phenomenon in our western society, due to many factors, and which has repercussions in different spheres (e.g. vocations to the priesthood or religious life), he explains the principal characteristics of psychological immaturity and its knock-on ef- fect on matrimonial consent when it brings together a series of char- acteristics, especially in the lack of sufficient capacity to judge and choose (c.1095,2°) and the incapacity to assume the essential conjugal obligations (c.1095,3°); he also analyses some procedural questions which must be borne in mind. The author concludes that, in his opinion, the demands before Church Courts for marriage nullity on grounds of psychological immaturity will continue to grow and he indicates some preventative measures which should be put in place.