Discretion of judgment can be defined as the level of maturity of a free and rational man capable of self-management and of his actions proportionate to the object of the conjugal consent, thanks to which a man and a woman establish between themselves a community to which they are entitled and mutually indebted. Without this degree of self-control, the subject is unable to legally transfer marital rights to himself or assume obligations. This article is an attempt to answer the basic question: does a grave lack of discretion have to result from some psychic anomaly and does it always have to refer to marital rights and obligations? In my opinion, one cannot speak of a grave lack of discretion as a reason for the nullity of a marriage when only one of the above-mentioned conditions is met, i.e. when there is a psychic anomaly, but there is no reference to specific marital rights and obligations, or when this reference is critical ability and internal freedom, but there is no statement of the existence of any psychic anomaly, because both doctrine and jurisprudence clearly indicate the need for both criteria.
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