Problematyka niezdolności konsensualnej do zawarcia małżeństwa w pracach Papieskiej Komisji do Rewizji KPK w fazie wypracowywania nowych kanonów (1966-1973)
The Problem of Consensual Incapability to Call Marriage in the Works of the Pontificial Commission for Revision of the CIC in the Working Phase of the New Canons (1966-1973)

Summary/Abstract: Commenced after the end of the Second Vatican Council, the reform of canon law included, inter alia, matrimonial law. A particularly important area of codification in this respect was the marriage consent, which is the cause of marriage. The lack of regulations on consensual capacity in the 1917 KPK and the development of psychological and psychiatric sciences prompted the doctrine and jurisprudence to fill this gap. No wonder that in the process of reforming and codifying canon law, the Pontifical Commission for the Revision of the CIC, supported by the consultors, attempted to define more precisely the consensual incapacity.The intensive work of the consultants of the De matrimonio team of the Pontifical Commission in this regard (in the first phase of codification: 1966-1973) resulted in the preparation of a draft of new canons, which became the basis for further work. The jurisprudence of the Tribunal of the Roman Rota played a significant role in the process of revision and codification.The subject of this study is the process of shaping the future can. 1095, ff. 1-3 of the Code of Criminal Procedure in the first of the above-mentioned phases (1966-1973) of the complex process of the post-conciliar revision and codification of canon law. In the first part, the author discusses the works carried out in the years 1966-1970, and in the second part, the works lasting in the years 1970-1973.

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