Pregledni rad
https://doi.org/10.31337/oz.81.2.6
The role of psychological and psychiatric experts in matrimonial annulment proceedings
Klara Ćavar
; Teološko–katehetski odjel Sveučilišta u Zadru, Zadar, Hrvatska
Marija Džinić
; Fakultet filozofije i religijskih znanosti Sveučilišta u Zagrebu, Zagreb, Hrvatska
*
* Dopisni autor.
Sažetak
In proceedings for the declaration of nullity of marriage, court–appointed psychiatric
or psychological experts assist in determining the validity of the marriage. Their task
is to assess whether, at the time of the wedding, one or both spouses were incapable of
giving valid consent due to psychological disorders that impaired full awareness, freedom,
or the capacity to assume marital obligations, and to conduct psychodiagnostic
tests in order to establish whether a pre–existing pathology undermined the validity
of consent. The final decision is made by the judge. The first indications of expert
testimony in matrimonial disputes are related to the impediment of impotence, the
proof of which was initially based on a simple oath, while later the examination of
the female person for the purpose of determining virginity was included in the practice.
Pope Gregory IX (1227–1241) in his Decretals determined that investigations
into virginity should be carried out by experts, honest and professional, and that any
assertions and oaths of the parties should be considered ineffective and useless if the
physical condition of the woman proves the contrary. The Code of Canon Law does
not provide a definition of expertise. Indirectly, can. 1574 determines that it consists
of a professional–scientific assessment, carried out in accordance with the rules of
the profession and science in order to prove a fact, its causes, nature and effects that
cannot be verified or assessed by the application of general knowledge or perception.
The obligation of the judge to request the expertise of one or more experts is determined
by law only for lawsuits on sexual impotence (can. 1084) and for lawsuits in
which the lack of consent due to mental illness or incapacity is at issue (can. 1095,
n. 1–3).
Ključne riječi
nullity of marriage; psychologist; psychiatrist; ecclesiastical court; expert evaluation; can. 1095, n. 1–3
Hrčak ID:
345896
URI
Datum izdavanja:
7.4.2026.
Posjeta: 235 *