Marriage Involving Two Non-Subjects: Canon 829
A Catholic man has approached our tribunal, seeking a declaration of nullity of his previous marriage to a Latin Catholic woman. He presents himself as being a member of an Eastern Catholic Church sui iuris, having been baptized and chrismated in that Church sui iuris. Baptismal records verify these...
| Main Author: | |
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| Format: | Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Interlibrary Loan: | Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany) |
| Published: |
2006
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| In: |
CLSA advisory opinions, 2001-2005
Year: 2001, Pages: 533-537 |
| Standardized Subjects / Keyword chains: | B
Marriage
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| IxTheo Classification: | SA Church law; state-church law SB Catholic Church law |
| Summary: | A Catholic man has approached our tribunal, seeking a declaration of nullity of his previous marriage to a Latin Catholic woman. He presents himself as being a member of an Eastern Catholic Church sui iuris, having been baptized and chrismated in that Church sui iuris. Baptismal records verify these facts. The man has practiced his faith in that Church sui iuris and continues to do so. An interesting question has surfaced concerning the locale of this marriage, and thus a question of validity based on that fact. The marriage was celebrated in a Ukrainian Catholic church in the presence of a Ukrainian Catholic priest. It was assumed at that time that the marriage involved a Ukrainian Catholic, our petitioner, and a Roman Catholic, our respondent. As the court reviewed the premarital investigation papers from the church of marriage, it was discovered that the petitioner's father is a Latin Catholic, while his mother is a member of the Eastern Church in which the man was baptized and chrismated as an infant, in 1963. Thus, it would appear both parties to this marriage were in fact Roman Catholics, neither canonically being of the Ukrainian Church sui iuris. There are no indications whatsoever that the man ever petitioned for a change of rite. Thus,for the Ukrainian Catholic priest to validly witness this marriage between two Latin Catholics, would he have needed canonical delegation from the local Latin pastor or bishop, and permission of the Apostolic Nuncio to witness the marriage of two non-subjects? Obviously the priest sought neither, not realizing both parties were canonically Roman Catholics. Thus would this marriage be invalid due to a lack of delegation and permission? Or would "ecclesia supplet" apply? |
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| ISBN: | 9781932208115 |
| Contains: | Enthalten in: CLSA advisory opinions, 2001-2005
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