marriage

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Summary

MARRIAGE: a COVENANT by which a MAN and a WOMAN establish between themselves a PARTNERSHIP for the whole of life (canon 1057).

Assistance: 1) Remote – preaching, catechesis, 2) Proximate – personal preparation (engagement), 3) Liturgical – fruitful liturgy, 4) After Marriage – continuing help to married couples.

Permission of local ordinary is needed to assist at marriages (canon 1071): 1) of transients, 2) marriages not recognized by civil law, 3) marriage of one bound by natural obligations toward another party or children (not necessarily by virtue of marriage), 4) marriage of one who has notoriously rejected Catholic faith, 5) marriage of one bound by a censure, 6) marriage of a minor child when parents are unaware of or are opposed to it, 7) marriage entered into by proxy.
Diriment impediment: an impediment which renders a person incapable of validly contracting marriage (canon 1073).

Diriment Impediments Specifically.

  1. Age = woman under 14; man under 16; (canon 1083).

  2. Antecedent & perpetual impotence (divine law); (canon 1084).

  3. Prior Bond (divine law) (canon 1085).

  4. Disparity of Cult (canon 1086).

  5. Holy Orders (reserved) (canon 1087).

  6. Public Perpetual vow of chastity in a religious institute (reserved) (canon 1088).

  7. Abduction (canon 1089).

  8. Coniugicide (reserved) (canon 1090).

  9. Consanguinity (all direct line &2nd degree collateral are divine law) (canon 1091).

  10. Affinity (arises from a valid marriage) (canon 1092).

  11. Propriety (from an invalid marriage or concubinage) (canon 1093).

  12. Adoption (canon 1094).

    Divine law impediments: impotence, prior bond, consanguinity; reserved impediments: orders, vows, crime.

3 ways to Nullify. 1) Invalid Consent, 2) Impediment, 3) Defect or Lack of Form.

Invalid Matrimonial Consent:

  1. Incapacity (1095): lack of reason; grave lack of discretion of judgment; incapable due to causes of psychic nature.

  2. Ignorance that marriage is permanent consortium between man and a woman ordered toward procreation by sexual cooperation (canon 1096).

  3. Error of person (canon 1097§1).

  4. Error of quality directly and principally intended (canon 1097§2).

  5. Dolus (malicious fraud) in order to obtain consent concerning a quality which can seriously disturb the partnership (canon 1098).

  6. Error of law if it determines the will (canon 1099).

  7. Simulation (canon 1101) §2 can be total or partial: 1) Against children; 2) Against fidelity; 3) Against permanence. Simulation can be corrected, even privately (canon 1157).

  8. Condition concerning the future (canon 1102).

  9. Force/fear (canon 1103).

  10. Invalid convalidation: done without a new act of the will/no renewal of consent (canon 1157).

Ordinary Form: A person competent to assist at marriage asks for and receives the consent of the parties in the presence of two witnesses (canon 1108).

Effect of marriage (canon 1134): 2) PERPETUAL AND EXCLUSIVE BOND; 2) OBLIGATIONS AND RIGHTS to those things which pertain to the partnership of conjugal life.

A RATIFIED (valid, sacramental) and CONSUMMATED marriage CANNOT BE DISSOLVED BY any human power or for ANY REASON OTHER THAN DEATH.

Pauline Privilege (canons 1143-44): 1) 2 UNBAPTIZED persons at the time of marriage; 2) ONE CONVERTS to Christianity (or wants to); 3) A second marriage is envisioned; 4) The bishop declares the second union dissolves the first.

Petrine Privilege / Favor of the Faith. 1) 1 or 2 UNBAPTIZED persons and there is no CONVERSION; 2) Catholic wants to marry and one remains unbaptized; no sexual cooperation after baptism; 3) This is sent to the Holy See.

Convalidation: (1) Simple convalidation; (2) Radical Sanation

Tribunal

  1. Ordinary.

  2. The Judicial Vicar is in charge of the entire tribunal. Be a priest at least licenciate.

  3. Adjunct Judicial Vicars: replace the above.

  4. Judges: can be cleric or lay

  5. Presiding Judge in charge of a particular case, a deacon may serve as presiding judge

  6. Judge ponens (relator) is to present the cause in the meeting of the college and write the decision can be a lay judge.

  7. Auditors gathers testimonies, may be a judge or another person.

  8. Assessor is a consultant who helps judge interpret the evidence on occasion.

  9. Promoter of justice who is bound by office to safeguard the public good

  10. Defender of the bond proposes any kind of proofs, responses, exceptions and observations to protect the bond.

  11. Notary takes part in every process and whose signature is necessary for the validity of the acts.

Study Questions (canons 1055-1165)


Canon 1088

Can. 1088 Those who are bound by a public perpetual vow of chastity in a religious institute invalidly attempt marriage.

IC XL 79/00, 73-98: P. Pellegrino: L'impedimento del voto pubblico perpetuo di castità in un istituto religioso nel nuovo diritto matrimoniale canonico (can. 1088 CIC; can. 805 CCEO). (Article) [86 2001/2] Ius Canonici.

IE XI 1/99, 193-222: P. Etzi: L'impedimento di voto (can. 1088 CJC): sua origine e qualificazione giuridica. (Article) [83 2000/1] Ius Ecclesiale

RDC 55 2/05, 325-339: Rémy Lebrun: L'empêchement du canon 1088. (Article) [100 2008/2]

CpR LXXVIII 4/97, 361-392: J. Abbass: Dismissal from Religious Institutes of the Latin and Eastern Catholic Churches. (Article) [84 2000/2]

CpR LXXIX 1/98, 121-151: J. Abbass: Transfer to another religious institute in the Latin and Eastern Catholic Churches. (Article) [84 2000/2]

// prohibitive impediment of simple vows 1058, diriment impediment of solemn vows 1073, and SJ diriment. private vows CIC83 1192 now an issue, not simple and solemn.
Vow must be perpetual // vow. not otehr bonds of 573.2 & 712. there was thought to have it based on all three vows. Said to be divine law impediment since vow is to God. But it's juridical law that prohibits. dispensation reserved to pope. MP de episcoporum muneribus, IX 12 of 1966.

Religiosu attempts marriage gets sanction 1394; and is ipso facto expelled: 694.1,2. And also equity and charity.

Can. 1394 §1 Without prejudice to the provisions of can. 194, §1, n. 3, a cleric who attempts marriage, even if only civilly, incurs a latae sententiae suspension. If, after warning, he has not reformed and continues to give scandal, he can be progressively punished by deprivations, or even by dismissal from the clerical state.
§2 Without prejudice to the provisions of can. 694, a religious in perpetual vows who is not a cleric but who attempts marriage, even if only civilly, incurs a latae sententiae interdict.

Canon 1394

CLSN 128/01, 25-30: G. Read: Archbishop Milingo. (Document and Article) [90 2003/2] Canon Law Society Newsletter, London.

Comm XXIX l/97, 17-18: Acta Consilii: Dichiarazione. (Document) [80 1998/2] Communicationes, Rome.

IE IX 2/97, 825-826: Pontificio Consiglio per l'Interpretazione dei Testi Legislativi: Dichiarazione, 19 maggio 1997. (Document) [82 1999/2] Ius Ecclesiae, Milan.

Canons 1394-1395

AA XIII (2006), 137-155: Javier Fronza: El celibato – don, propuesta y tarea (la necesaria madurez humana y el derecho). (Article) [99 2008/1] —Anuario Argentino de Derecho Canónico, Buenos Aires.

Can. 694 §1 A member is to be considered automatically dismissed if he or she:
1° has notoriously defected from the catholic faith;
2° has contracted marriage or attempted to do so, even civilly.
§2 In these cases the major Superior with his or her council must, after collecting the evidence, without delay make a declaration of the fact, so that the dismissal is juridically established.

RfR 61 5/02, 546-551: E. McDonough: Automatic Dismissal. (Article) [90 2003/2]

CpR LXXXI 1-2/00, 67-95: D. Borek: La dimissione dei religiosi a norma del can. 694 del Codice del 1983: è una pena espiatoria "latae sententiae"? (Article) [86 2001/2]

Canon 1112

Can. 1112 §1 Where there are no priests and deacons, the diocesan Bishop can delegate lay persons to assist at marriages, if the Episcopal Conference has given its prior approval and the permission of the Holy See has been obtained.
§2 A suitable lay person is to be selected, capable of giving instruction to those who are getting married, and fitted to conduct the marriage liturgy properly.

BEF LXXXI 846/05, 285-294: J. González: Invalid Delegation of a Religious Sister to Assist at Marriages? (Consultation) [95 2006/1] Boletin Eclesiastico de Filipinas, Manila.

RR 2005, 59-60: Eileen C. Jaramillo: Married Couple Entering into Religious Life. (Opinion) [96 2006/2]

Can. 643 §1 The following are invalidly admitted to the novitiate:
1° One who has not yet completed the seventeenth year of age;
2° a spouse, while the marriage lasts;
3° one who is currently bound by a sacred bond to some institute of consecrated life, or is incorporated in some society of apostolic life, without prejudice to can. 684;
4° one who enters the institute through force, fear or deceit, or whom the Superior accepts under the same influences;
5° one who has concealed his or her incorporation in an institute of consecrated life or society of apostolic life.
§2 An institute’s own law can constitute other impediments even for the validity of admission, or attach other conditions.

CIC17 542.1; conexos 587, 642, 735.2

Clerics

Canon 1087

CLSN 112/97, 40-44: G. Read: A Comment on the Recent Circular Letter from the Congregation for Divine Worship and the Discipline of the Sacraments concerning Dispensation from Priestly Obligations and of Deacons from the Impediment of Orders. (Article) [81 1999/1]

RR 2003, 21-22: Congregation for Divine Worship and the Discipline of the Sacraments: Divorced Permanent Deacon Seeking Declaration of Nullity and Remarriage Refused Permission to Continue in Ministry. (Document) [94 2005/2]

Previously 1072 of CIC 17, repeated also for married deacons, but see anglicans who come over and eastern discipline.

CCEO:

Canon 450 - Without prejudice to prescriptions of the typicon which require more, the following cannot be validly admitted to the novitiate:

Canon 497 - §1. A member shall be held dismissed from the monastery by the law itself, who:

Canon 762 - §1. The following are impeded from receiving sacred orders:

Canon 769 - §1. The authority who admits a candidate for sacred ordination should obtain:

Canon 795 - §1. The local hierarch can dispense the Christian faithful subject to him wherever they are as well as other Christian faithful enrolled in another Church sui iuris actually present within the territorial boundaries of his eparchy from impediments of ecclesiastical law except those which follow:

Canon 804 - Persons who are in holy orders invalidly attempt marriage.

Canon 805 - Persons who are bound by a public perpetual vow of chastity in a religious institute invalidly attempt marriage.

Canon 976 - §1. One is removed from an ecclesiastical office by the law itself:

Canon 1453 - §1. A cleric who lives in concubinage or gives permanent scandal by publicly sinning against chastity is to be punished with a suspension, to which, other penalties can be gradually added up to deposition, if he persists in the offense.

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