Error qualitatis (kan. 1097 § 2 KPK) w orzecznictwie Roty Rzymskiej
Error qualitatis (Can. 1097 § 2 CIC) in the Jurisprudence of the Roman Rota

Summary/Abstract: In can. 1097 § 2 of the CIC (,,Error concerning a qualkity of the person does rendera marriage invalid even if it the cause for the contract, uniess this quality is directly and principally intendad”) error qualitatis, deprived of legal effectiveness for centuries in relation to marital consent, obtained it based on the contractor’s intentions (direct and essential intention of the attribute); an objectively accidental attribute, therefore, becomes a subjectively significant attribute.In the analysis of the canon mentioned in the light of the Roman Rota jurisprudence, the author takes into account the individual elements of this legal figure, i.e. error, the person’s attribute (as the subject of the error), the lack of effectiveness of invalidating error causam dans, the effectiveness of invalidating error as to the intended and direct intention.In proving error qualitatis directe et principaliter intentae, which is undoubtedly particularly difficult, the judge must first of all recognize the correct intention of the alleged victim of error. This is served by both direct (testimony of the same contractor confirmed by testimonies of witnesses and any documents) and indirect (criterion of assessing the attribute by the presumed victim of error and criterion of reaction after discovering the truth).

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