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The Canon Law of Marriage and the Family, by John McAreavey, Four Courts Press, 1997. ISBN 1-85182-356-5. The Invalid Marriage, by Lawrence G. Wrenn, Canon Law Society of America, 1998. ISBN 0-943616-78-6. Canon Law: A Text and Commentary, by T. Lincoln Bouscaren and Adam C. Ellis, Bruce Publishing Company, four editions. Deals with the 1917 ...
Second, this impediment, for a stronger reason, arises from a marriage contract, where the marriage was not consummated, even if the marriage be invalid, unless the invalidity be due to lack of lawful consent. In cases where the marriage is consummated, public decency gives way to affinity.
Canon 109 of the Code of Canon Law of the Catholic Church provides that affinity is an impediment to the marriage of a couple, and is a relationship which "arises from a valid marriage, even if not consummated, and exists between a man and the blood relatives of the woman and between the woman and the blood relatives of the man."
A putative marriage must be presumed valid, and so constituting the impediment of ligamen, until it is proven invalid. Should the Respondent/Petitioner marriage have been contracted in good faith , if only by the Partitioner, and yet the marriage is invalid, the parties to it must be separated by the ecclesiastical authorities, and the first ...
Clandestinity is a diriment impediment in the canon law of the Roman Catholic Church. It invalidates a marriage performed without the presence of three witnesses, one of whom must be a priest or a deacon .
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 ...
In the canon law of the Catholic Church, a vetitum (Latin for "a prohibited thing") is a prohibition, in the form of a precept, imposed by an ecclesiastical judge on a particular individual, in connection with declaring the nullity of marriage, that prevents them from contracting another marriage, at least until the cause of the nullity of the ...
The pope cannot dispense from impediments founded on Divine law—except, as above described, in the case of vows, espousals and non-consummated marriages, or valid and consummated marriage of neophytes before baptism. In doubtful cases, however, he may decide authoritatively as to the objective value of the doubt.