Convalidation of invalid marriage due to a defect of consent
"Our tribunal was recently confronted with a cause of marriage nullity in which the two parties (both Catholic) contracted marriage in the Church, with the canonical form being duly observed. In the declarations of the parties, it emerged that the couple divorced each other civilly and then ren...
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| Format: | Print Article |
| Language: | Undetermined language |
| Check availability: | HBZ Gateway |
| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Soc.
2007
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| In: |
Roman replies and CLSA advisory opinions
Year: 2007, Pages: 87-91 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Catholic church Codex iuris canonici 1983. can. 1159
B Konsensmangel B Marriage law B Catholic church Codex iuris canonici 1983. can. 1108, §2 B Gültigmachung B Catholic church Codex iuris canonici 1983. can. 1674 |
| Summary: | "Our tribunal was recently confronted with a cause of marriage nullity in which the two parties (both Catholic) contracted marriage in the Church, with the canonical form being duly observed. In the declarations of the parties, it emerged that the couple divorced each other civilly and then renewed their vows two years later before their pastor and two witnesses. While the pastor considered this a mere renewal of an already existing marriage, the couple believed that they were consenting to a new marriage and that the ceremony was a true wedding. We have judged with moral certainty that the first act of consent was invalid due to a grave lack of due discretion of judgment on both parties, and this was confirmed by the appellate tribunal. Does the validity of the second act of consent ("the renewal'') need to be adjudicated as well, since the couple attempted to convalidate their first defective act of consent, or is that act irrelevant since at the time they were considered already married?" |
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| Contains: | Enthalten in: Roman replies and CLSA advisory opinions
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