An edition of Marriage Legislation In The New Code Of Canon Law
(1919)
Marriage Legislation In The New Code Of Canon Law
by Ayrinhac, H.A. (Henry Amans), 1867-1930
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Table of Contents
CONTENTS
INTRODUCTION 5
FOREWORD 9
PRELIMINARY NOTIONS
NATURE, END, PROPERTIES, VARIOUS KINDS OF MARRIAGE; AUTHORITY THAT GOVERNS IT; CANONICAL VALUE OF BETROTHMENTS.
I. Nature of Christian Marriage 21
II. End and Properties of Marriage 23
III. Marriage Favored by Law 25
IV. Different Kinds of Marriage 26
V. Authority that Regulates Marriage 28
1. Marriage of Baptized Persons 29
2. Marriage of Unbaptized Persons 31
VI. Promises of Marriage, Betrothals 33
I. Betrothal as a Natural Contract 35
II. Betrothals and Canon Law 36
A. The Ancient Law of the Church 36
B. Promises of Marriage and the Present Legislation 38
VII. Instructions on Marriage and Marriage Impediments 41
CHAPTER I
PRELIMINARIES TO THE CELEBRATION OF MARRIAGE AND PARTICULARLY THE MARRIAGE BANNS.
General Principle 43
I. Investigation by the Pastor 44
1. Freedom and Instruction of the Parties 44
2. Baptism and Confirmation 50
II. The Banns 51
A. Former Discipline 51
B. The Present Law 53
1. The Law Itself 53
II. Mode of Publication 53
1. Place 53
2. Time 56
3. Form 57
III. Publications of Mixed Marriages 59
IV. Duty of the Faithful 60
V. Dispensation 61
VI. Notification 63
VII. Sanction 63
III. Results of the Investigation and Publications 64
1. Delay Required 64
2. Impediments Discovered 65
IV. The Vagi 68
V. Instructions to the Spouses 69
VI. Consent of Parents 69
CHAPTER II
OF IMPEDIMENTS IN GENERAL; NATURE, SPECIES, POWER TO ESTABLISH, ABRO- GATE, DISPENSE FROM, THEM
I. Nature: General Principle 73
II. Species 74
1. Prohibitive or Diriment Impediments 74
2. Public and Occult Impediments 75
3. Other Impediments 76
III. Authority to Constitute Impediments 76
1. The Supreme Ecclesiastical Authority 76
2. The Power of Ordinaries 77
IV. Power of Abrogating, Derogating, or Dispensing from, Impediments 79
A. Former Discipline 80
B. Present Discipline 82
V. Custom and Impediments 82
VI. Classification of Impediments 84
VII. Powers of Dispensing Granted by Common Law to Ordinaries and Priests 86
1. In Cases of Danger of Death 86
A. Powere granted to Ordinaries 86
B. Powers granted to Priests 88
2. In Cases of Urgent Necessity 90
VIII. Dispensations for the Internal Forum 94
IX. Intervention of the Holy See 94
X. Dispensation from Several Impediments in the Same Case 96
XI. Dispensation when One of the Impediments is Reserved to the Holy See 97
XII. Legitimation of Children 98
XIII. Error in Dispensations from Consanguinity or Affinity 100
XIV. Implied Dispensation from an Impediment of Crime 101
XV. Obreption and Subreption in Dispensations 103
XVI. Execution of Dispensations by Ordinaries 105
XVII. Taxes and Expenses 108
XVIII. Mention of Delegation when Dispensing 110
CHAPTER III
PROHIBITIVE IMPEDIMENTS
I. Vow 111
II. Legal Relationship 113
III. Mixed Religion 113
Preliminary Notions 113
1. Existence of the Impediment of Mixed Religion 114
2. Dispensations from the Impediment 117
3. Conversion of the non-Catholic Party 123
4. Prohibition to Appear before the non-Catholic Minister 124
5. Duties of Ordinaries and Other Pastors of Souls 126
IV. Unworthiness 130
1. Unworthiness by Reason of Apostasy or Affiliation with Forbidden Societies 130
2. Public Sin and Censure 132
CHAPTER IV
DIRIMENT IMPEDIMENTS
I. Age 136
II. Impotency 138
1. Nature and Species of Impotency 139
2. Annulling Effect 140
3. Proof of the Impediment 141
III. Previous and Existing Marriage 142
IV. Disparity of Worship 147
1. Origin of the Impediment 148
2. Nature and Extent of the Impediment 149
3. Applications 150
4. Conditions for Dispensation 153
V. Sacred Orders 155
VI. Solemn Vows 156
VII. Abduction 158
A. Ancient Discipline 158
B. Present Discipline 160
1. Conditions for the Impediment 161
2. Extent of the Impediment 162
3. Dispensation from the Impediment 162
VIII. Crime 163
A. Origin of the Impediment 163
B. Present Discipline 164
1. Conditions for the Impediment 165 2. By Whom is the Impediment Incurred? 166
3. Dispensation from the Impediment 166
IX. Consanguinity 166
I. General Notions 166
1. Nature of Consanguinity or Blood Relationships 166
2. Determination and Multiplication of Relationships 167
II. The Impediment 169
A. Ancient Discipline 169
B. Present Discipline 172
1. Extent of the Impediment 172
2. Dispensation from the Impediment 173
X. Affinity 174
A. Former Discipline 174
B. Present Discipline 176
I. Nature of the Impediment 176
II. Extent and Multiplication of the Impediment 177
III. Dispensation from the Impediment 178
XI. Public Decency 179
A. Former Discipline 179
B. Present Discipline 181
XII. Spiritual Relationship 182
A. Origin of the Impediment 182
B. Present Discipline 184
XIII. Legal Relationship 185
A. Origin of the Impediment 185
B. Present Legislation 186
CHAPTER V
OF THE MATRIMONIAL CONSENT
I. The Consent Itself; Its Importance and Qualities 189
II. Obstacles to Valid Consent: Ignorance, Error, Simulation, Violence, or Fear 191
1. Ignorance 191
2. Error 193
A. Error of Fact — as to Person or Quality 193
B. Error of Law — as to Properties of Marriage 196
3. Knowledge or Conviction of the Nullity of the Marriage 198
4. Fiction or Simulation 198
5. Violence and Fear 203
III. Manifestation of the Consent 209
IV. Marriage by Proxy 211
V. Marriage by Interpreter 215
VI. Licitness of the Foregoing Marriages Through Proxy or Interpreter 216
VII. Conditional Marriage 217
1. Nature and Species of Conditions 217
2. Ancient Legislation 218
3. Present Legislation 220
VIII. Consent in Invalid Marriage 226
CHAPTER VI
THE FORM OF MARRIAGE
A. Former Discipline 229
B. Present Legislation 232
1. General Principle 232
2. Conditions for the Validity 233
3. Authorization to Assist at Marriages 238
4. Conditions for the Lawful Assistance at Marriage 239
5. Exceptions: In Cases of Danger of Death
or of Urgent Necessity 245
6. Those Who Are Affected by the Law 249
7. Rites to be Observed 253
A In Catholic Marriages 253
B. In Mixed Marriages 254
8. Registration 256
CHAPTER VII
MARRIAGES OF CONSCIENCE
I. Nature 263
II. Former Legislation 263
III. Present Law 264
1. Lawfulness of Marriages of Conscience 264
2. Obligation to Keep Them Secret 265
3. Registration 267
CHAPTER VIII
TIME AND PLACE FOR THE CELEBRATION OF MARRIAGE
I. Time 269
II. Place 271
CHAPTER IX
EFFECTS OF MARRIAGES
I. Indissolubility of Marriage 275
II. Relative Rights of the Spouses 276
III. Duties of Parents 277
IV. Legitimacy of Children 278
V. Presumed Paternity 279
VI. Legitimation of Children 280
CHAPTER X
MUTUAL SEPARATION OF MARRIED PEOPLE
Article I
DISSOLUTION OF THE MARRIAGE BOND
A. Marriage Ratified and Consummated 284
B. Marriage Only Ratified 284
I. Religious Profession 285
II. Papal Dispensation 286
C. Legitimate Marriage or Marriage of Infidels and Pauline Privilege 288
I. Existence and Object of the Privilege 288
II. Interpellations: Necessity, Object, Dispensation 292
1. Necessity of the Interpellations 291
2. Object of the Interpellations 291
3. Dispensation 292
4. Form of the Interpellations 293
5. Effects of the Interpellations 295
III. Special Provisions 299
IV. Dissolution of the Marriage Contracted in Infidelity 302
V. Presumption in Doubtful Cases 302
Article II
LIMITED DIVORCE, OR SEPARATION AS TO BED, BOARD, AND DWELLING-PLACE
1. General Principle 303
2. Principal Cause of Separation — Adultery 305
3. Taking Back the Guilty Party 306
4. Other Causes for Separation 308
5. Education of Children 311
CHAPTER XI
REVALIDATION OF MARRIAGE
Article I
SIMPLE REVALIDATION
1. General Conditions 313
2. Renewal of the Consent 314
3. Mode of Renewal 314
4. Marriage Null for Want of Consent 316
5. Marriage Null for Want of the Required Form 318
Article II
REVALIDATION IN RADICE
1. Its Nature 319
2. When is it Possible? 321
3. When is it Impossible? 322
4. By Whom is it Granted? 323
CHAPTER XII
OF SECOND MARRIAGES
INDEX 329
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- Created December 29, 2015
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| May 22, 2020 | Edited by CoverBot | Added new cover |
| January 7, 2016 | Edited by ww2archive | added toc |
| December 29, 2015 | Edited by ww2archive | added book |
| December 29, 2015 | Created by ww2archive | Added new book. |