Dispensation of two catholics from canonical form by local ordinary

"Sally and Roger, baptized Catholic as infants, are now planning to marry. Roger has informed the priest responsible for the marriage preparation that he has been a practicing Lutheran for a long time and does not consider himself a Catholic anymore. There is no notation on Roger's baptism...

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Bibliographic Details
Main Author: Huels, John M. 1950- (Author)
Format: Print Article
Language:Undetermined language
Check availability: HBZ Gateway
Fernleihe:Fernleihe für die Fachinformationsdienste
Published: Soc. 2008
In: Roman replies and CLSA advisory opinions
Year: 2008, Pages: 108-111
IxTheo Classification:SB Catholic Church law
Further subjects:B Marriage law
B Dispensation
B Catholic church Codex iuris canonici 1983. can. 1127, §2
B Formpflicht
Description
Summary:"Sally and Roger, baptized Catholic as infants, are now planning to marry. Roger has informed the priest responsible for the marriage preparation that he has been a practicing Lutheran for a long time and does not consider himself a Catholic anymore. There is no notation on Roger's baptismal certificate that he left the Catholic Church by a formal act. According to the March 13, 2006, circular letter of the Pontifical Council for Legislative Texts on the formal act of defection from the Catholic Church, the reception of this act by the competent ecclesiastical authority is necessary for the validity of the act. Sally and Roger would like Roger's minister to witness the exchange of their consent. Who should grant the dispensation from canonical form: (1) The Holy See, because this is the marriage of two Catholics?; or (2) The local ordinary of the Catholic party, because Roger 's declaration to the priest that he is Lutheran constitutes the formal reception of his decision to leave the Catholic Church?"
Contains:Enthalten in: Roman replies and CLSA advisory opinions