Przesłanki psychologiczne i psychiatryczne w procesach o stwierdzenie nieważności małżeństwa

Abstract

The article presents psychological and psychiatric reasons in marriage annulment cases based on Canon 1095 nos. 1–3 of the Code of Canon Law. The legal and psychiatric opinions issued in marriage annulment cases in the Bishop’s Law Court of the Diocese of Pelplin in 1998–2008 were subject to statistical analysis. The reasons which may lead to nullity of marriage in the Code of Canon Law include both mental illnesses and psychical disorders such as personality disorders, addictions and intellectual disability. The most frequent impediment in canonical court rulings is not a mental illness but the immature personality disorder. A significant issue in the legal and psychiatric opinion process is the qualifications of judicial experts and their familiarity with canonical court rulings, especially those of the Roman Rota Tribunal, on the nullification of marriage resulting primarily from psychical disorders. Since the language of the Code of Canon Law and the Dignitas Connubii Instruction differs considerably from that used in psychiatry, it may be difficult to find a basis for consent and mutual understanding between a Bishop’s Law Court judge and a judicial expert on psychiatry. Consequently, such a judge should also have at least a basic knowledge of psychopathology. Therefore, it is vital that a judicial expert’s conclusions in the final opinion should be clear, precise, logical and presented in a way intelligible to an outsider.