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The 1983 Code of Canon Law was promulgated on 25 January 1983 by John Paul II [3] and took legal effect on the First Sunday of Advent (27 November) 1983. [4] It replaced the 1917 Code of Canon Law which had been promulgated by Benedict XV on 27 May 1917. According to canon 6, the 1983 code of canon law abrogates the 1917 code of canon law and ...
Before 1983, canon law required banns to be announced, or "asked", in the home parishes of both parties on three Sundays or Holy Days of Obligation before the marriage. Under Canon 1067 of the 1983 Code of Canon Law, the norms regarding the publication of banns are to be established by each individual national or regional Conference of bishops.
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]
For instance, while under the 1917 Code solemn vows rendered a subsequent marriage invalid, but simple vows only made the marriage illicit, the current Code of Canon Law states that "those bound by a public perpetual vow of chastity in a religious institute invalidly attempt marriage". [24]
Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship ...
For example, according to the canons 692 and 693 of the 1983 Code of Canon Law, an indult is needed when members of the consecrated life want to be dispensed from their religious vows, or when priests and deacons voluntarily seek to return to the lay state (usually to marry).
According to Benedict XVI, the instructions of the Magisterium regarding canon law and its interpretation are binding per se insofar as it teaches of the law. The juridically binding instructions on canonical interpretation of the Magisterium are primarily given in the allocutions of the Supreme Pontiffs to the Tribunal of the Roman Rota .