Les nouvelles dispositions pour la reconnaissance de nullité du mariage catholique selon le Droit Canon et le rôle de l’expertise psychiatrique

Abstract

Recent events are indicative of the rapid changes concerning marriage as conceived by our contemporaries. A personalist approach at the end of the 20th century contributed to the development of a subjective perception of marital reality. As far as the Catholic Church is concerned, it stablely defines a doctrine of marriage, but whose expression has evolved through a Christian anthropology that takes into account the humanities. The practice of Catholic marriage is translated into law, the same is true for civil marriage but the nature or essence of marriage is deeper and richer than can be said and translated into positive, civil, or canonical law. This right has developed and evolved over the centuries through multiple sources. These texts are of various authorities from the founding source, which is the Revelation of the Old Testament and the New Testament. Multiple sources were codified in 1917 and 1983 by the Latin Church, with codifications for the Eastern Rite Churches. This adaptation and modernization of the law owes much to the spirit of classification and simplification introduced by the Napoleonic code. The 1983 Code of Canon Law reflects the evolution of theological thought, particularly with regard to nature, the role of the Church, which is the subject of ecclesiology. Societal evolution emphasizes the prevalence of the subject's desire for love. One of the causes of recognizing the nullity of the matrimonial commitment is therefore the defect of consent, that is, the lack of capacity to make such a commitment, either or both spouses. Consent defects are defined by the Code of Canon Law. The pontifical motu proprio (act taken by the Roman Pontiff on his own initiative) Mitis Iudex Dominus Iesus, published in September 2015, made significant changes to the procedure in the finding of nullity of marriage including the implementation of the procedure known as the Process Brevior (or shorter trial).