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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Rina and Paolo married in 2015. At the time of the wedding, Paolo exhibited a long-standing pattern of emotional coldness and persistent inability to form intimate bonds; clinicians described the condition as grave and incurable. Paolo seeks a declaration of nullity on the ground of psychological incapacity. (a) State the controlling rule and its elements for a marriage to be void ab initio on psychological incapacity. (b) Do these facts establish grave psychological incapacity existing at the time of marriage, and is it incurable according to the governing standard? Briefly explain. (c) If the court declares the marriage void, what is the operative effect on Rina's and Paolo's legal status and on their future rights?

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The ground is void ab initio only if the incapacity existed at the time of celebration and is grave, but incurability is not required. A declaration of nullity retroactively terminates the conjugal partnership and dissolves all property relations between the parties. The controlling rule is that a marriage is void ab initio if one spouse had grave psychological incapacity to comply with essential marital obligations existing at the time of celebration, and such incapacity is incurable. The burden of proof is beyond reasonable doubt.

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