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IMPOTENCE (Lat. impotentia, want of p...

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Originally appearing in Volume V14, Page 343 of the 1911 Encyclopedia Britannica.
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IMPOTENCE (See also:Lat. impotentia, want of See also:power) , the See also:term used in See also:law for the inability of a See also:husband or wife to have marital intercourse. In See also:English matrimonial law if impotence exists in either of the parties to a See also:marriage at the See also: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 persons—however See also:great their See also:interest—cannot See also:sue for a See also:decree on this ground, nor can a marriage be impeached after the See also:death of one of the parties. The old See also:rule of the ecclesiastical courts was to require a triennial cohabitation between the parties See also: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 See also:condition of the parties is necessary and a See also:commission of two medical inspectors is usually appointed by the registrar of the See also:court for the purpose of examining the parties; such cases are heard in See also:camera. In the See also:United States impotence is a ground for nullity in most states. In See also:Germany it is recognized as a ground for annulment, but not so in See also:France.

End of Article: IMPOTENCE (Lat. impotentia, want of power)

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