J
Just_Lurking
Guest
I’m reading various things about annulments, and every so often the authors switch to Latin phrases. Can someone help me by translating the Latin in the following? I’m including the surrounding English for context. Thanks!
If a party excludes the ius ad actum coniugalem by a positive act of the will, from the matrimonial contract, the marriage is obviously invalid. At the outset, it must be noted that the question here is not the actual performance or nonperformance of the act proper to the state of marriage, but the absolute and positive exclusion of the right. This is an essential distinction of the utmost importance to be kept in mind at all times, as some judges are apt to confuse the animus se non obligandi, i.e., the strict right, with the animus non implendi.
If a party excludes the ius ad actum coniugalem by a positive act of the will, from the matrimonial contract, the marriage is obviously invalid. At the outset, it must be noted that the question here is not the actual performance or nonperformance of the act proper to the state of marriage, but the absolute and positive exclusion of the right. This is an essential distinction of the utmost importance to be kept in mind at all times, as some judges are apt to confuse the animus se non obligandi, i.e., the strict right, with the animus non implendi.