La convicción subjetiva de la nulidad del matrimonio en los divorciados vueltos a casar y los sínodos de los obispos sobre "los desafíos pastorales de la familia en el contexto de la evangelización"
One of the most interisting issues to be handled in the next Extraordinary General Assembly of the Synod of Bishops on the theme: "The Pastoral Challenges of the Family in the Context of Evangelization" is the pastoral response to divoced and remarried members of the faithful. Some proposa...
| Main Author: | |
|---|---|
| Format: | Print Article |
| Language: | Spanish |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
|
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
[publisher not identified]
2014
|
| In: |
Revista española de derecho canónico
Year: 2014, Volume: 71, Pages: 723-780 |
| IxTheo Classification: | SB Catholic Church law SD Church law; Protestant Church |
| Further subjects: | B
Evangelization
B Catholic Church Codex iuris canonici 1983. can. 1060 B Catholic Church B Catholic Church Codex iuris canonici 1983. can. 1085, §2 B Ignorance B Pastoral B Catholic Church Codex iuris canonici 1983. can. 1502 B Catholic Church Codex iuris canonici 1983. can. 1536, §2 B Validity B Family B Bischofssynode B Ehenichtigkeitsverfahren B Nullity of marriage B Wiederverheiratete Geschiedene |
| Summary: | One of the most interisting issues to be handled in the next Extraordinary General Assembly of the Synod of Bishops on the theme: "The Pastoral Challenges of the Family in the Context of Evangelization" is the pastoral response to divoced and remarried members of the faithful. Some proposals on the pastoral response to the divorced and remarried Catholics have provoked great interest and controversy. In particular, it has been raised the situation of those divorced and remarried who "are subjectively certain in conscience that their previous and irreparably destoyed marriage had never been valid" (FC 84). This topic requires proper treatment including pastoral, anthropological and canonical dimensions. In a process of pastoral accompaniment, special attention should be paid to those who have or may have some knowledge of nullity and to the basis for their arguments. The current Code considers the possibility that the spouses know or think that their marriage was invalid from the beginning (can.1157). This situation requires a special study since, as stated by Pope Benedict, "when legitimate doubts exist about the validity of the prior sacramental marriage, the necessary investigation must be carried out to establish if there are well-founded" (SC,29). For this reason, the canonical legislation presumes the validity of marriage, but "in a case of doubt, the validity of a marriage must be upheld until the contrary is proven"(can.1060); moreover, it admids that "even if the prior marriage is invalid or dissolved for any reason, it is not on that account permitted to contract another before the nullity or dissolution of the prior marriage is established legitimately and certainly" (can. 1085 §2). And the subjective conviction of the invalidity may have a special probative value if you get the faithful divorced to start a process of Declaration of marriage annulment. The pastoral work of informationand training should be followed by a reception and diligent performance of the courts to continue with the process to clarify doubts about validity |
|---|---|
| ISSN: | 0034-9372 |
| Contains: | Enthalten in: Revista española de derecho canónico
|