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Catholic canon law also lays down rules for licit, also called lawful, placing of the act, along with criteria to determine its validity or invalidity. Valid but illicit or valid but illegal ( Latin : valida sed illicita ) is a description applied in the Catholic Church to describe either an unauthorized celebration of a sacrament or an ...
In Catholic canon law, a validation of marriage or convalidation of marriage is the validation of a Catholic putative marriage. A putative marriage is one when at least one party to the marriage wrongly believes it to be valid. [1] Validation involves the removal of a canonical impediment, or its dispensation, or the removal of defective consent.
While validity is presumed whenever an act is placed "by a qualified person and includes those things which essentially constitute the act itself as well as the formalities and requirements imposed by law for the validity of the act", [37] [38] Roman Catholic canon law also lays down rules for lawful placing of the act.
Roman Catholic sacramental theology teaches [citation needed] that the ministers of the sacrament of holy matrimony are the man and woman, and therefore any marriage contracted voluntarily between two baptized and unmarried adults is valid [citation needed], though under ordinary circumstances the marriage must be witnessed by clergy to be ...
The canon law of the Catholic Church is articulated in the legal code for the Latin Church [9] as well as a code for the Eastern Catholic Churches. [9] This canon law has principles of legal interpretation, [10] and coercive penalties. [11] It lacks civilly-binding force in most secular jurisdictions.
The Catholic Church treats as indissoluble and valid every marriage when it is the first marriage for both parties. However, the church does not recognise as valid a marriage when one of the parties is Catholic but the marriage was not celebrated before a Catholic priest (unless a dispensation was first obtained).
When a law is stated in general terms, it is presumed that no exception was intended; that is, if the general law states no exception, interpreters may not distinguish specific cases. Regarding all interpretations, however, that signification of the words in question is to be preferred that favors equity rather than strict justice .
On 25 January 1983, [3] with the apostolic constitution Sacrae disciplinae leges, [8] John Paul II promulgated the 1983 Code of Canon Law for all members of the Catholic Church who belonged to the Latin Church. [3] It entered into force the first Sunday of the following Advent, [3] which was 27 November 1983. [4]