|Year of publication||2022|
|Editorial series||Studi Giuridici|
|Size||17 x 24|
The constant appeal of the Church's Magisterium to the consideration of man as a unique and unrepeatable entity, if on the one hand it has stimulated, in the canonical sphere, a psychopathological investigation of an anthropophenomenological and existentialist type, on the other hand it has encouraged recourse to diagnostic models that, going beyond the clinical-nosographic categorical approach, prove to be functional in describing, as rigorously and accurately as possible, the personality profile of the subject, highlighting the information relating to the functional uniqueness of each. With this in mind, the present study proposes to assess the theoretical and applicative implications of the dimensional diagnostic model, recently introduced by the DSM-5, as a suitable tool for facilitating dialogue between judges and experts in cases of nullity for consensual incapacity. In the search, in fact, for a common lexicon between science and law, it is becoming increasingly clear how, on the basis of the more mature reflection on the concept of 'gravitas', even the personality trait, independently of the access to a real disorder, can assume autonomous pathological value and produce an impairment of the consensual capacity to marry.
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