Niemoc płciowa jako przyczyna stwierdzenia nieważności małżeństwa w wyrokach Trybunału Metropolitalnego w Warszawie wydanych w latach 1994-1999

Abstract

The article deals with the issue of impotence as the reason of declaring the marriage invalid in the sentences of the Metropolitan Court in Warsaw. The time scope was limited to a five-year period, i.e. from 1994 to 1999. It would be impossible to take up this topic without outlining the medical side of the impotence. Therefore, the problem of impotence was presented from the medical side first. In the further part it will be shown how the impotence looked in the history of the study of Canon Law and in the Church Legislation. Next, the article presents detailed characteristics and analysis of the sentences of the Metropolitan Court in Warsaw adjudicating in cases concerning impotence. The article is mainly based on the sentences adjudicated by the Metropolitan Tribunal in Warsaw. Additionally, medical and canon literature was used in this study. From the conducted research exploration appears that 56 sentences concerning impotence were adjudicated by Metropolitan Court in Warsaw from 1994 to 1999. In their arguments, ponens emphasized that impotence causes invalidity of marriage based on natural low, therefore Church does not dispense with this obstacle. They have always stressed in the sentences that in case of any doubt, it shall be adjudicated in support of marriage.