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Encyclopedia Britannica



IMPOTENCE (Lat. impotentia, want of power)

This article appears in Volume V14, Page 343 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: I27-INV
IMPOTENCE (Lat. impotentia, want of power) , the
term
  used in law for the inability of a husband or wife to have marital intercourse. In
English
  matrimonial law if
impotence
  exists in either of the parties to a
marriage
  at the time of its solemnization the
marriage
  is voidable ab initio. A suit for nullity on the ground of
impotence
  can only be brought by the party who suffers the injury. Third personshowever
great
  their interestcannot sue for a decree on this ground, nor can a marriage be impeached after the death of one of the parties. The old
rule
  of the ecclesiastical courts was to require a triennial cohabitation between the parties prior to the institution of the suit, but this has been practically abrogated (G. v. G., 1871, L.R. 2 P.C.D. 287). In suits for nullity on the ground of impotence, medical evidenceas to the
condition
  of the parties is necessary and a commission of two medical inspectors is usually appointed by the registrar of the
court
  for the purpose of examining the parties; such cases are heard in
camera
 . In the United States impotence is a ground for nullity in most states. In Germany it is recognized as a ground for annulment, but not so in France.


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