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In essence, it is an extension to marriages between a baptised and a non-baptized person of the logic of the Pauline privilege, the latter being dissolution of a marriage between two non-baptized persons to enable one of them, on becoming a Christian, to enter a Christian marriage. According to Canon 1150 of the 1983 Code of Canon Law, the ...
In March 1911, the issue of the Roman Catholic Church's canon law declaring invalid marriages that were recognised as valid by the State raised political and judicial issues in Canada when a judge of Quebec's Superior Court confirmed the annulment by the Roman Catholic Church of the marriage of two Catholics which had been performed by a ...
Another problem was that the law gave rise to what Dacanay calls "surprise marriage" because the involvement of the pastor was merely passive. As an example, Dacanay cites the case where the parties to the marriage would break into the priest's residence, wake him up, and express their consent to the marriage even before the priest becomes ...
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.
Under the 1983 Code of Canon Law, the discipline of 1917 has been changed; a marriage ratum sed non consummatum can now be dissolved only by a dispensation from the pope or his delegate. [11] The pope has delegated competency for granting such dispensations to the Tribunal of the Roman Rota , one of the ordinary tribunals of the Apostolic See.
Marriage in the Catholic Church, also known as holy matrimony, is the "covenant by which a man and woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring", and which "has been raised by Christ the Lord to the dignity of a sacrament between the baptized". [1]
In canon law, internal forum, the realm of conscience, is contrasted with the external or outward forum; thus, a marriage might be null and void in the internal forum, but binding outwardly, i.e., in the external forum, for want of judicial proof to the contrary. [1]
Neither does it in any way influence the marriage of two who, after diligent examination, are still considered doubtfully baptized. A marriage between a Catholic and a baptized non-Catholic is a mixed marriage. Though sometimes referred to by this term, the permission of the bishop is required merely to make the union licit; the marriage is ...