Proving Deceiving by Malice in Selected Files of the Metropolitan Court in Lublin Cover Image

Dowodzenie podstępnego wprowadzenia w błąd w wybranych aktach Sądu Metropolitalnego w Lublinie
Proving Deceiving by Malice in Selected Files of the Metropolitan Court in Lublin

Author(s): Przemysław Lemieszek
Subject(s): Family and social welfare, Victimology, Canon Law / Church Law, Sociology of Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: nullity of marriage; victim; violator; deception; prove; pregnancy;

Summary/Abstract: In the first half of the 20th century, a postulate was formulated to add a new title for the nullity of marriage, in which attention was drawn to a deceitful act, which resulted in the victim’s mistake regarding the essential attribute of the contractor. The jurisprudence of the ecclesiastical courts, especially the Tribunal of the Roman Rota, contributed to this. Recognizing the need to adapt the legal norms in accordance with the indications of the Second Vatican Council, a new canon 1098 was added to the 1983 Code. During the marriage annulment process, elements of the fraudulent misrepresentation provision must be proven. The article focuses on the subject of the deception, which is pregnancy on the basis of the jurisprudence of the Metropolitan Court in Lublin. A deceive usually performed by a woman may involve deceitful misrepresentation about the fact that she is pregnant or the paternity of the child.

  • Issue Year: 33/2023
  • Issue No: 2
  • Page Range: 107-122
  • Page Count: 16
  • Language: Polish