| 000 -LEADER |
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| fixed length control field |
02773nam a22002777a 4500 |
| 003 - CONTROL NUMBER IDENTIFIER |
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| control field |
OSt |
| 005 - DATE AND TIME OF LATEST TRANSACTION |
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| control field |
20190711105518.0 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
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| fixed length control field |
160622b xxu||||| |||| 00| 0 eng d |
| 040 ## - CATALOGING SOURCE |
|---|
| Transcribing agency |
University of Cebu-Banilad |
| Original cataloging agency |
University of Cebu-Banilad |
| 100 ## - MAIN ENTRY--PERSONAL NAME |
|---|
| Personal name |
Albeos, Centvie Joie F. |
| 245 ## - TITLE STATEMENT |
|---|
| Title |
Psychological incapacity : |
| Remainder of title |
a legal paradox / |
| Statement of responsibility, etc |
Centvie Joie F. Albeos. |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT) |
|---|
| Place of publication, distribution, etc |
Cebu City : |
| Date of publication, distribution, etc |
2016. |
| Name of publisher, distributor, etc |
University of Cebu, |
| 300 ## - PHYSICAL DESCRIPTION |
|---|
| Extent |
iv, 73 leaves ; |
| Dimensions |
31 cm. |
| 336 ## - CONTENT TYPE |
|---|
| Source |
rdacontent |
| Content type term |
text |
| 337 ## - MEDIA TYPE |
|---|
| Source |
rdamedia |
| Media type term |
unmediated |
| 338 ## - CARRIER TYPE |
|---|
| Source |
rdacarrier |
| Carrier type |
volume |
| 501 ## - WITH NOTE |
|---|
| With note |
Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2016. |
| 504 ## - BIBLIOGRAPHY, ETC. NOTE |
|---|
| Bibliography, etc |
Includes bibliographical references (leaves 70-73). |
| 520 ## - SUMMARY, ETC. |
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| Summary, etc |
Summary: The introduction of psychological incapacity as one of the causes for nullifying a marriage became controversial as it was believed to be a divorce in disguise. In fact, the Solicitor General, out of frustration had labeled it as "the most liberal divorce procedure in the world".<br/> <br/>The vagueness of the provision on psychological incapacity brings difficulties in our judicial system. The researcher, therefore, found it imperative to examine the concept of psychological incapacity.<br/> <br/>In this study, the historical background of psychological incapacity as a ground for nullifying a marriage was revisited, Also, existing Supreme Court's decisions interpreting psychological incapacity were examined and deconstructed. The original intent of the framers as inferred from the history was then determined and compared to the existing jurisprudence on psychological incapacity. Finally, from the decisions of the Supreme Court interpreting psychological incapacity, possible implications of the law were revealed.<br/> <br/>As can be gleaned from the study, the problem with psychological incapacity is it's lack of definite meaning which makes it susceptible to varying interpretations. Judges are directed to interpret and apply the concept of psychological incapacity on a case to case basis guided by experience. Accordingly, psychological incapacity as a ground for nullifying a marriage poses some difficulties in the area of judicial interpretation. In some cases, the Supreme Court is strict in it's interpretation of the term "psychological incapacity", while in other cases, it is liberal. The inconsistencies of the Supreme Court gives rise to confusion. Hence, the researcher commends to introduce additional safeguard for the concept of psychological incapacity as a ground for declaration of nullifying of marriage. |
| 541 ## - IMMEDIATE SOURCE OF ACQUISITION NOTE |
|---|
| Deans/Chairperson |
|
| Department |
Law |
| Subject Category |
Law |
| 546 ## - LANGUAGE NOTE |
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| Language note |
English |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) |
|---|
| Source of classification or shelving scheme |
|
| Type of record |
Thesis |
| 998 ## - LOCAL CONTROL INFORMATION (RLIN) |
|---|
| Encoded by |
Leah-Bei [new] |
| Date encoded |
06/22/2016 |
| 998 ## - LOCAL CONTROL INFORMATION (RLIN) |
|---|
| Encoded by |
Aillen[checked] |
| Date encoded |
07/16/2016 |
