Mons. CARLOS ALONSO GARCÍA Judgment of 26.02.2026 Canons 1095, paragraphs 2 and 3, and 1102 of the Code of Canon Law.

Abstract

Judgment of the Spanish Rota Tribunal of 20 February 2026, for which the rapporteur was Auditor Monsignor Carlos Alonso García, ruling at the second instance on a case of nullity that directly raises three major substantive issues in canon law on marriage: a serious defect in the husband’s discretion of judgement (canon 1095, §2), the wife’s inability to assume and fulfil the essential obligations of marriage due to a psychological condition (canon 1095, §3) and, in the alternative, the husband’s celebration of the marriage subject to a condition subsequent (canon 1102).