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Petrine privilege, also known as the privilege of the faith or favor of the faith, is a ground recognized in Catholic canon law allowing for dissolution by the Pope of a valid natural marriage between a baptized and a non-baptized person for the sake of the salvation of the soul of someone who is thus enabled to marry in the Church.
Milton added an address to Parliament that dismisses the possibility of self-interest as a motivator for the work, but later writes: [12] when points of difficulty are to be discusst, appertaining to the removall of unreasnable wrong and burden from the perplext life of our brother, it is incredible how cold, how dull, and farre from all fellow feeling we are, without the spurre of self ...
Having inherited Catholic canon law, England had no formal mechanisms for divorce (as in Catholicism, marriages could be annulled on the basis of preexisting impediments, like consanguinity or impotence, or separations could be obtained). [6] However, divorce may have been unofficially condoned in cases of desertion or adultery. [7]
According to the Catholic Church's canon law, the Pauline privilege does not apply when either of the partners was a Christian at the time of marriage. It differs from annulment because it dissolves a valid natural (but not sacramental) marriage whereas an annulment declares that a marriage was invalid from the beginning. [6]
A "Declaration of Nullity" is not the dissolution of an existing marriage (as is a dispensation from a marriage ratum sed non consummatum and an "annulment" in civil law), but rather a determination that consent was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never existed.
The Decretum made a direct contribution to the development of Western law in areas that it dealt with such as marriage, property and inheritance. Specific concepts preferred included consent for marriage, and wrongful intent in determining whether a certain act constituted a crime. [ 35 ]
Canon law (from Ancient Greek: κανών, kanon, a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members.
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.