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NeCede's

Maxim 4.1.22

Madness does not allow marriage to be contracted, because consent is required.

Furor contrahi matrimonium non sinit, quia consensu opus est.

Source: Wharton, III-121 Difficulty 3/5 — Intermediate

Explanation

Consent is the essence of marriage, and insanity destroys the capacity to consent — cite this to annul a marriage entered into by a person who, at the time of the ceremony, was incapable of understanding the nature of the contract.

Where this applies

  • A man suffering from severe schizophrenia participates in a wedding ceremony; his family seeks annulment on the ground that his mental illness rendered him incapable of giving the consent marriage requires.
  • A bride is in a dissociative state during the ceremony due to a traumatic brain injury; the court voids the marriage because madness prevents the formation of the consent that is essential to the contract.
  • A family discovers that their elderly father, deep in the fog of dementia, was married by an opportunistic caretaker; the court annuls the union because no valid consent was possible.

Legal domains

Cite this maxim

NeCede Max. 4.1.22 — Madness does not allow marriage to be contracted, because consent is required. — Wharton, III-121 (Furor contrahi matrimonium non sinit, quia consensu opus est.)

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