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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.
In the canon law of the Catholic Church, a declaration of nullity, (commonly called an annulment and less commonly a decree of nullity) [1] is authoritative judgment on the part of an ecclesiastical tribunal juridically establishing the fact that a marriage was invalidly contracted or, less frequently, a judgment juridically establishing the fact that an ordination was invalidly conferred.
The act was recognized from 1983 to 2010 in the 1983 Code of Canon Law as having certain juridical effects enumerated in canons 1086, 1117, and 1124. The concept of "formal" act of defection was narrower than that of "notorious" (publicly known) defection recognized in the 1917 Code of Canon Law .
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.
Canon 1119 of the 1917 Code of Canon Law [6] stipulated two cases in which a marriage ratum sed non consummatum may be dissolved, [7] namely, (1) if one of the parties takes solemn vows in a religious order [8] or (2) a dispensation is issued by the Holy See.
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.
1983 Code of Canon Law – 1983 codification of canonical legislation for the Latin Catholic Church Omnium in mentem – 2009 motu proprio of Pope Benedict XVI; Magnum principium – 2017 apostolic letter by Pope Francis; Code of Canons of the Eastern Churches – Eastern Catholic code of canon law
The institutions and practices of canon law paralleled the legal development of much of Europe, and consequently both modern civil law and common law [9] (canon law having a significant effect upon the development of the system of equity in England) [10] bear the influences of canon law. For example, discovery in common law jurisdictions came ...