Invalid convalidation: a legitimate autonomous ground of marriage nullity?
This article discusses a ground of nullity which has been appearing with greater frequency in recent years in cases submitted to Tribunals, especially in the English speaking world, that is, the ground of invalid convalidation of a merely civil marriage entered into by a Catholic party who was bound...
| Main Author: | |
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| Format: | Electronic/Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2014
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| In: |
The jurist
Year: 2014, Volume: 74, Issue: 2, Pages: 193-213 |
| Standardized Subjects / Keyword chains: | B
Civil marriage
/ Convalidation
/ Annulment
/ Canon law
|
| IxTheo Classification: | KDB Roman Catholic Church NCF Sexual ethics SB Catholic Church law |
| Further subjects: | B
Catholic church Signatura Apostolica
B Catholic church Rota Romana B Formal defect B Gültigmachung B Jurisdiction B Validity B Konsensmangel B Marriage law B Simulation B Catholic church Codex iuris canonici 1983. can. 1156-1165 B Ehenichtigkeitsverfahren B Nullity of marriage B Foundations of B Marriage |
| Online Access: |
Volltext (doi) |
| Summary: | This article discusses a ground of nullity which has been appearing with greater frequency in recent years in cases submitted to Tribunals, especially in the English speaking world, that is, the ground of invalid convalidation of a merely civil marriage entered into by a Catholic party who was bound to the canonical form. Its intent is to determine whether or not, when used in the context of rectifying a merely civil union celebrated by a Catholic party, invalid or defective convalidation constitutes a legitimate autonomous ground of marriage nullity, i.e. distinct from simulation or other grounds because its source of nullity derives uniquely from the canons dealing with the institute of simple convalidation, i.e. canons 1156–1160 CIC/83 (canons 1133–1137 CIC/17). The discussion centers first on what is meant by the term and why it is proposed as an autonomous ground of nullity. At the same time the strict limits of the inquiry are clearly delineated. |
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| ISSN: | 0022-6858 |
| Contains: | In: The jurist
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| Persistent identifiers: | DOI: 10.1353/jur.2014.0022 |