La influencia de la mentalidad divorcista en la validez del matrimonio a la luz de la jurisprudencia de la rota romana (1983-2013)

Abstract

This paper aims to summarise the sentences and decrees of the Roman Rota Tribunal (issued in the years 1983-2013) that contain some reference to the issue of the divorce mentality. This is an erroneous conception of marriage, which in most cases is a cause of the exclusion of indissolubility. It can also indicate the determining error of will or have no effect on the validity of the marriage. The author systematises the possible sources of this mentality and the reasons why the contracting party marries with the hypothetical intention of divorcing in the future. He presents the arguments used by the rotal auditors in their sentences to explain the origin of indissolubility, the nature of the human act and the influence of errors of the intellect on the will. The structure of the positive act of will is the key issue in determining the validity of marriage in the cases investigated. The final part of the work contains the jurisprudential criteria that helped the judges to decide for or against the nullity of the marriage. The decrees that confirmed the judgements of the lower courts as well as those that sent the judgements back to the ordinary examination are indicated. Among the sentences, those that confirmed the previous decisions, whether affirmative or negative, are indicated, as well as a summary of the criteria that helped to change the decision of the lower instance.