The role of an expert psychiatrist and psychologist in the canonical process for declaring a marriage null and void on the example of can. 1095 CCP

Abstract

Since 1983, when the new Code of Canon Law was released, most of the legal proceedings of marital incapacity are carried on can. 1095, mainly of no. 3, that is of mental incapacity to undertaking and performing the essential marital duties. Very often, the legal proceedings are very difficult and the canonical judges need the support of forensic psychiatrists or psychologists in order to achieve moral assurance to pass just sentence.

This article presents the news regulations for forensic psychiatrists and psychologists in legal proceedings of marital incapacity. It was discussed the object and purpose of the opinion and its evidential significance. It was also included a mental condition that could form the basis of the invalid marriage in term of can. 1095.