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Declaration of nullity of marriage due to defective consent to marriage under CIC/1983
Magda, Juraj ; Tretera, Jiří Rajmund (advisor) ; Horák, Záboj (referee)
The The Diploma Thesis deals with the institute of Catholic marriage, also called matrimony, and aims to provide detailed analyses on nullity of matrimony due to invalidity of matrimonial consent and its declaration. Firstly, the Thesis states a definition of matrimony with respect to Sacrament of Marriage being governed by the divine law, the canonical law, and, in regards to certain effects, the civil law. Pursuant to Code of Canon Law [CIC], 1983, canon 1055, §1, the matrimonial covenant, by which a man and a woman establish between themselves a communion of the whole life, is by its nature ordered toward the good of the spouses and procreation and education of offspring. Hence, marriage is a contract by which a man and a woman become irrevocably united, the Code of Canonic Law set up essential properties of marriage obligationes matrimonii essentialis, which are not to be excluded by either contractants. The Thesis further provides commentary on the grounds for the invalidity of the matrimonial consent, by descripting the reasons for nullity of matrimony which are defined by the Code of Canon Law, and can be grouped under these main causes: serious mental incapacity, incapacity to assume obligations, ignorance, error of person,simple error, fraud, simulation, conditional marriage, force and...

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2 Magda, Jakub
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