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animus deserendi

The intention to bring cohabitation permanently to an.

Two elements must be present on the side of the deserted spouse:

  • absence of consent,

  • absence of conduct reasonably causing the deserting spouse to form his intention to bring cohabitation to an end.

The requirement that the deserting spouse must intend to bring cohabitation to an end must be understood to be subject to the qualification that if without just cause or excuse a man persists in doing things which he knows his wife will probably not tolerate, and which no ordinary woman would tolerate, and then she leaves , he has deserted her whatever his desire or intention may have been.

Source :

Language : Latin


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