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A "Declaration of Nullity" is not the dissolution of an existing marriage (as is a dispensation from a marriage ratum sed non consummatum and an "annulment" in civil law), but rather a determination that consent was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never ...
In deciding whether to develop the definition of rape, noted Nkabinde J, the Court was obliged to confine itself to the facts of the case: "It follows therefore that the Court cannot confirm the declaration of invalidity to the extent that it is based on conclusions relating to the gender-neutral nature of the crime, an issue that does not ...
The case is also important, in this area of the law, for its treatment of the power of the Constitutional Court to suspend a declaration of invalidity, in the interests of justice and good government, pending a correction of the invalid statute by the competent authority. As a general rule, the court held, it will not suspend an order of ...
Although an annulment is thus a declaration that "the marriage never existed", the Church recognizes that the relationship was a putative marriage, which gives rise to "natural obligations". In canon law, children conceived or born of either a valid or a putative marriage are considered legitimate, [ 9 ] and illegitimate children are ...
Declaration of Nullity. Dignitas connubii; Matrimonial Nullity Trial Reforms of Pope Francis; Vetitum; Defender of the Bond; Impediments to Marriage. Affinity; Clandestinity; Impediment of crime; Disparity of cult; Ligamen; Public propriety; Matrimonial dispensation. Ratum sed non consummatum; Sanatio in radice; Natural marriage. Pauline ...
The court decided that the order of invalidity in respect of trade-union membership would only come into force three months from the date of judgement. The court added as a proviso that, if the delayed order would cause either party substantial prejudice, such party might approach the Constitutional Court for a variation of the order.
The majority suspended the declaration of invalidity for a period of a year to allow Parliament time to correct the defect. It also declared the omission from section 30(1) of the Marriage Act after the words "or husband" of the words "or spouse" to be inconsistent with the Constitution, and invalid to the extent of the inconsistency.
Chief Justice Mogoeng Mogoeng wrote a separate dissent, arguing that the court should dismiss the constitutional challenge to both acts, thereby dismissing Bwanya's appeal and overturning the High Court's declaration of invalidity. In particular, even if the acts discriminated against unmarried partners, this discrimination was fair and was ...