What Is the Canon Law of Marriage

§2. If serious difficulties impede respect for the canonical form, the local ordinary of the Catholic party has the right to renounce the form in individual cases, after consultation with the ordinary of the place where the marriage is concluded and a public form of celebration on validity. It is for the Episcopal Conference to establish norms according to which the above-mentioned dispensation must be granted uniformly. The Catholic Church has opposed from the beginning marriage between a Catholic and a non-Catholic, baptized or not, and has seen it as a “degradation of the sanctity of marriage” by including communion in sacred things with those outside the flock. […] it was natural and logical for the Church to do everything in her power to prevent her children from marrying those outside her world who did not recognize the sacramental character of the union into which they had entered. The Church therefore considered as obstacles to the marriage of a Catholic, which was later called the two obstacles of mixed religion (in Latin, mixta religio) and of different worship (in Latin disparitas cultus). [90] May. 1142 For a just cause, the Roman pope may, at the request of both or one of the parties, dissolve an unmarried marriage between the baptized or between a baptized person and an unbaptized party, even if the other party does not want it. §3 Sterility does not prohibit or annul marriage, without prejudice to the supply of cans. 1098. The validity of such marriages, even if they were celebrated under a tree, in a tavern or in a bed, was maintained even against that of a subsequent marriage in a church.

[61] Even after the Council of Trent had made the presence of the parish priest or his delegate and at least two other witnesses a condition of validity, the previous situation continued in the many countries where his decree was not promulgated. It did not end until 1908 with the entry into force of the Decree of Ne Temere. The Catholic Church believes that marriage is an exclusive partnership for life between a man and a woman who give and receive mutual help, love and produce children from their union. When Catholics and Eastern Orthodox Christians marry according to the requirements of their churches, and when people of other religions marry according to the requirements of civil law, the Catholic Church assumes that they marry validly. Since marriage is a lifelong commitment, the decision to get married is one of the most serious decisions most people have ever made. The law is an ecumenical spirit that is once again animated. Mixed religion is no longer an obstacle to marriage, so no dispensation is required for a Catholic to marry a non-Catholic Christian, although more readily available permission is still needed. Only the Catholic party should make a promise that children will be educated in the Catholic faith, but he or she is bound by such a promise “as far as possible” (pro viribus), that is, without inflicting violence on the conscience of the non-Catholic partner. In addition, in the case of a “mixed marriage”, the local ordinary may grant an exemption from the canonical form, provided that the marriage is celebrated in a public form. The debilitating obstacle of “inequality of worship” (marriage between a Catholic and an unbaptized person) remains, but once the necessary dispensation has been granted, similar arrangements can be made with regard to baptism and the education of children and the solemnization of marriage. Although he is not a father of the church, but at the same time he belongs, in the biography of Saint Columba by Adomnan of Iona, it is mentioned that at one point the saint met a woman who refuses to sleep with her husband and fulfill his marital duties.

When Columba meets the woman, she says she would do anything, even to go to a convent and become a nun instead of sleeping with him. Columba tells the woman that God`s commandment is that she sleep with her husband and not leave marriage to be religious, because once they are married, the two have become one flesh. [43] When Gratian`s Decretum was published in the 12th century, this obstacle became part of canon law. From that moment on, all marriages between Catholics and non-Christians were declared invalid unless the ecclesiastical authority had received a dispensation. [90] May. 1062 §1. A promise of marriage, whether unilateral or bilateral, called an undertaking, is subject to the respective law established by the Episcopal Conference after taking into account all existing customs and civil laws. Annulment is a statement that the marriage was invalid (or void) at the time of the exchange of vows. Thus, an annulment is pronounced only if an ecclesiastical court finds that the marriage is without effect at the time of the marriage contract. Conduct under the contract is not directly relevant, except as subsequent evidence of the validity or ineffectiveness of the contract. That is, behavior after the contract cannot really change the validity of the contract.

For example, a marriage would be void if one of the parties did not intend to honour the oath of allegiance at the time of the marriage. If the spouse intended to be faithful at the time of marriage but then committed adultery, this does not invalidate the marriage. 1133 A marriage celebrated secretly should be registered only in a special register to be kept in the secret archives of the Curia. May 1105 §1. In order to contract a marriage effectively by proxy, it is necessary that: §3. A marriage between a Catholic holiday and an unbaptized feast may be celebrated in a church or other appropriate place. §2. The person who assists in a marriage means only the person who is present, requests the expression of the consent of the contracting parties and receives it on behalf of the Church. §3.

It is forbidden to have another religious celebration of the same marriage in order to give or renew conjugal consent before or after the canonical celebration in accordance with the norm of § 1. Similarly, there should be no religious celebration in which the Catholic, the assistant and a non-Catholic minister jointly seek the consent of the parties according to their own rites. §2. In the collateral line, marriage is ineffective up to and including the fourth degree. The only online marriage preparation program led by a mentor in body theology. Power. 1128 Local ordinaries and other pastors of souls must ensure that the Catholic spouse and children born of mixed marriage do not lack spiritual help to fulfill their obligations and help the spouses to promote the unity of married and family life. §4. If the person giving the mandate revokes the mandate or develops Amentia before the power of attorney enters into contracts on its behalf, the marriage is invalid, even if the agent or other party does not know it. Power. 1134 A valid marriage creates a bond between the spouses which, by its very nature, is indefinite and exclusive. In addition, a special sacrament strengthens and consecrates the spouses in a Christian marriage, so to speak, for the duties and dignity of their State.

The current Marriage Act, which is found in the 1983 Code of Canon Law, differs considerably from that of the 1917 Code. The inspiration for change comes from the documents of the Second Vatican Council. The Pastoral Constitution on the Church in the Modern World (Gaudium et Spes), which declared marriage to be a covenant or foedus, was ordered for the mutual assistance of spouses and for the procreation and education of children. Other important documents, such as the Decree on Ecumenism (Unitatis redintegratio), which recognized the existence of Christian Churches and ecclesial communities outside the Catholic Church, the Declaration on Religious Freedom (Dignitatis humanae), which defended the value of individual conscience, and, above all, the Dogmatic Constitution on the Church (Lumen gentium), which declared the universal call of the faithful to holiness, Regardless of their state of life, each had its own specific impact on the marriage legislation of 1983. . .

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