Grounds for invalidating a will

As Pope John Paul II made clear in a 1987 address to the Roman Rota (the top marriage court of the Church), only incapacity, not just difficulty, is invalidating.An immature person, for example, may have difficulty but still have the capacity to undertake marriage and assume its essential obligations (a community of life that is exclusive and indissoluble, provides mutual help and support and is ordered to the procreation and education of children).

Examples of such conditions are psychosexual disorders and personality disorders. For matrimonial consent to be valid it is necessary that the contracting parties at least not be ignorant that marriage is a permanent consortium between a man and a woman which is ordered toward the procreation of offspring by means of some sexual cooperation. This need not be an educated or special knowledge of marriage, only that it entails, a) a consortium, or partnership, to achieve certain goals b) that it is a permanent partnership, as opposed to temporary or transient, c) that it is between a man and a woman (persons of the opposite sex) d) that it is ordered to the procreation of children (raising a family), e) and it is achieved through some kind of sexual cooperation. Error concerning the person renders marriage invalid. Error concerning a quality of a person, even if such error is the cause of the contract, does not invalidate matrimony unless this quality was directly and principally intended.

The lack of consent of either spouse is sufficient to invalidate the marriage.

The reasons for the invalidity of consent can be grouped under these main causes: mental incapacity, ignorance, error about the person, error about marriage, fraud, knowledge of nullity, simulation, conditioned consent, force or grave fear. They are incapable of contracting marriage: (1) who lack the sufficient use of reason; (2) who suffer from grave lack of discretion of judgment concerning essential matrimonial rights and duties which are to be mutually given and accepted; (3) who are not capable of assuming the essential obligations of matrimony due to causes of a psychic nature. Regarding the use of reason, the Church is saying that a person must have sufficient development of their faculties of intellect and will to be able to judge and to will a truly human act.

Along with a belief in damages, a petitioner must also claim grounds for cancelling a trademark under the law.

Grounds for cancellation can be divided up into two categories: “within 5 years of registration” and “any time.” Unsurprisingly, the first category can only be claimed within 5 years of the disputed mark’s registration.

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