New times, new answers: The c. 1095.3 and relative incapacity
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Abstract
The Code of Canon law on its canon 1095 rules the psychical incapacity to get married: the chapter of nullity by which are judged mainly the nullity of marriages which are presented at the ecclesiastical courts. On its epigraph 3 it refers to those who present incapacity to take the essential obligations of marriage. This number 3, novel in relation to the previous codification, raises categorically the problem of relative incapacity. The article, after making some considerations about the genesis of the canon, proceeds to a systematic exposition of its contents pointing to the interpretations of it that could be found in doctrine and jurisprudence.
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