The Prevalent Intention of the Spouses and the Error on the Essential Properties of Marriage and Sacramentality (CIC c. 1099)
The author explains how a substantial error (CIC c. 126; CCEO c. 933) regarding the essential content of marriage - a permanent "partnership" between a man and woman ordered to the generation of offspring by means of some sexual cooperation (see, CIC c. 1096; CCEO c. 819 on ignorane) - alw...
| Main Author: | |
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| Format: | Print Article |
| Language: | Undetermined language |
| 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: |
2013
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| In: |
Iustitia
Year: 2013, Volume: 4, Pages: 43-68 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Konsensmangel
B Marriage law B Error B Catholic church Codex iuris canonici 1983. can. 1099 |
| Summary: | The author explains how a substantial error (CIC c. 126; CCEO c. 933) regarding the essential content of marriage - a permanent "partnership" between a man and woman ordered to the generation of offspring by means of some sexual cooperation (see, CIC c. 1096; CCEO c. 819 on ignorane) - always invalidates marriage consent while an accidental error of law renders it null only if: 1) it concerns the essential properties of unity and indissolubility or sacramentality (CIC c. 1099; CCEO c. 822); 2) it is so intense to condition the act of the will. The accidental error of law is not applicable to other essential elements of marriage as the good of the spouses or the good of offspring. |
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| ISSN: | 2248-9789 |
| Contains: | Enthalten in: Iustitia
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