Il vetitum di contrarre matrimonio ai sensi dei cann. 1077 e 1684, § 1
The prohibition on marriage is a legal institute of secular history, whose origin is not well known. The Code of Canon Law (1917) considered it among the impediments in general and granted to the local Ordinary the authority to impose this prohibition, but it did not say about the tribunals. This le...
| Main Author: | |
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| Format: | Print Article |
| Language: | Italian |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
2014
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| In: |
Revista española de derecho canónico
Year: 2014, Volume: 71, Pages: 559-614 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Bishop
B Dignitas Connubii B Catholic church Codex Iuris Canonici 1917 B Natural law B Bar to marriage B Catholic church Codex iuris canonici 1983. can. 1077 B Catholic church Codex iuris canonici 1983. can. 1684 B Marriage B Council B Catholic church Codex iuris canonici 1983. can. 1685 B Diocesan synod |
| Summary: | The prohibition on marriage is a legal institute of secular history, whose origin is not well known. The Code of Canon Law (1917) considered it among the impediments in general and granted to the local Ordinary the authority to impose this prohibition, but it did not say about the tribunals. This legal vacuum was filled by the instruction of Provida Mater (1936), which recognized the existing praxis. This resulted in as administrative and juridical act. The current Code stated it in the Can. 1977 and 1684-1685, recognizes that the local Ordinary and the tribunals are those who are competent to impose it. The commentators refure it to be an impediment and argue that there are two types of prohibition , one administrative and other judicial, which is the operative part of the sentence, but it finds normative difficulties for the removal by the Tribunal. However, the norms can be deduced that the prohibition is a single administrative act different from the sentence due to the object, the recipient, time, therefore, it does not enter in the operative part of the sentence, because it has assumed, it is rather a motivated decree. It is also distinguished that, the sentence of the nullity of the same problem is ad illiceitatem. But in the case of absolute impotent or permanent disability, which makes the person unable, the prohibition which makes invalid marriage, is not a sufficient measure to prevent anew marriage, by the most suitable measure would be the Declaration of inability of the impotence or incapable of marriage. The removal of the prohibition is the competency of the local Ordinary, grant it to the Tribunal, not even the obligation of the ordinary to consult to any Tribunal. The way of how to proceed is that established by cann. 50 and 57 |
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| ISSN: | 0034-9372 |
| Contains: | Enthalten in: Revista española de derecho canónico
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