Impotencia (DCH) (Impotence (DCH))

No. 2019-24

Impotence was, in matrimonial law, the congenital or accidental defect that renders the sexual intercourse between woman and man impossible and produces the nullity of the marriage. It has a direct connection with the nature and goals of the institution of matrimony. This article analyzes this impediment in the legislation and doctrinal treaties of Latin America between the 16th and 18th centuries. It focuses on the different classifications and symptoms of this impediment, on the medical science at the time, and on the different facts that had an impact thereon it, such as the case of prepubescents, hermaphroditism and those affected by witchcraft. The procedural aspects of the declaration of nullity for impotence are also dealt with.