"A valid marriage between the baptised is called ratum tantum if it has not been consummated; it is called ratum et consummatum if the spouses have performed between themselves in a human fashion a conjugal act which is suitable in itself for the procreation of offspring, to which marriage is ordered by its nature and by which the spouses become one flesh." ( Can. 1061 §1.)
What if consummatio is understood from the psychological point of view? What if a marriage is consumed physically but never emotionally? Could annulment be granted on the ground of this canon? Should it or should it not?
What are your thoughts?
No. Ratum et non consummatum marriages are not annuled, they may be dispensed by the Roman Rota.....
Thank you for your clarification on the dispensation.
What I meant with the question was whether this canon could or rather should
be understood from an emotional point of view or from a psychological point of view rather than simply from a physical point of view.
Apologies if I was not clear.
Your idea/question might figure as evidence in a c. 1095, 2 or 3 case. It is very doubtful that such evidence would change Rotal jurisprudence on the matter.... Ive been wrong before.
I think it should be kept in mind that one thing is "dispensation" and another is "marriage nullity". If you refer only to the concept of "marriage consummation", I think the correct point is to delve into the essence of the concepts rather than the forms. In other words, pay more attention to the ratio legis, rather than the written formula itself. What I mean is that your proposal to deepen the concept of "marriage consummation" seems to be interesting and important because, obviously, we are body and spirit and we must get as close as possible to the truth. Whenever the reasoning be well-argued and the arguments be well-founded and well applied to the specific case.
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