MARRIAGE LEGISLATION (CANON LAW) The valid law of Matrimony found in the 1983 Code of canon law, is significantly different from that of the 1917 Code. Then, copy and paste the text into your bibliography or works cited list. Canon 1119 of the 1917 Code of Canon Law stipulated two cases in which a marriage ratum sed non consummatum may be dissolved, namely, (1) if one of the parties takes solemn vows in a religious order or (2) a dispensation is issued by the Holy See.. Dissolution by solemn religious profession. Therefore, that information is unavailable for most Encyclopedia.com content. In the Latin or Western Church, the governing code is the 1983 Code of Canon Law, a revision of the 1917 Code of Canon Law. The old law was conceived with the goal of protecting the indissolubility of marriage even if that meant little attention would be paid to the personal disposition of the parties, such as their mistaken knowledge, their acting under duress, or their lack of maturity. The inspiration for the change derives from the documents of Vatican Council II. Matrimonial consent is an act of the will by which a man and a woman mutually give and accept each other through an irrevocable covenant in order to establish marriage. [7], Already in the Council of Trent the wish had been expressed in the name of the King of Portugal that a commission of learned theologians be appointed to make a thorough study of the canonical constitutions binding under pain of mortal sin, define their exact meaning, see whether their obligation should not be restricted in certain cases, and clearly determine how far they were to be maintained and observed.[7]. [19] (e.g. This divergence between doctrine and law creates an absurd situation: the Church appears to be forcing the Sacrament on unbelievers. Canon Law’s marriage age remains surprisingly low: Canon 1083 sets it as 16 years of age for boys and 14 years of age for girls, a standard most recently revised in 1917, where 1917 Code of Canon Law Canon 1067 changed a longstanding law allowing both sexes to marry at twelve years of age. The result is an uneven administration of justice. Within the “Cite this article” tool, pick a style to see how all available information looks when formatted according to that style. Significant Changes. Since the 12th century, canon law has used the model of Roman consensual contract to define marriage. The congregations were instead to issue Instructions on the canons of the code, and to make it clear that they were elucidating particular canons of the code. 1. When the Vatican Council met in 1869 a number of bishops of different countries petitioned for a new compilation of church law that would be clear and easily studied. The Catholic party alone should make the promise that the Children will be educated in the Catholic faith, but he or she is bound by such a promise "as far as it can be done" (pro viribus ), that is, without doing violence to the conscience of the non-Catholic partner. The new law continues to uphold the permanency of marital commitment, but it goes a long way toward providing remedies in case of misguided or defective consent. 2) The essential properties of marriage are unity and indissolubility, which acquire a particular fitness in Christian marriage by reason of its sacramental character. The primary end of marriage is the procreation and education of children; its secondary end is mutual help and the allaying of concupiscence. In addition to the MLA, Chicago, and APA styles, your school, university, publication, or institution may have its own requirements for citations. The principle spelled out by the Tridentine … Pietro Cardinal Gasparri, preface to the CIC 1917. [31] It was argued by some that this was a legalistic reduction of sacramental mystery. In response to the request of the bishops at the First Vatican Council,[8] on 14 May 1904, with the motu proprio Arduum sane munus ("A Truly Arduous Task"), Pope Pius X set up a commission to begin reducing these diverse documents into a single code,[9] presenting the normative portion in the form of systematic short canons shorn of the preliminary considerations[10] ("Whereas...") and omitting those parts that had been superseded by later developments. For this it must turn to the science of medicine. The complexity of the procedural norms in nullity cases have been reduced. [32][better source needed][33][failed verification], For the Code governing the Eastern Catholic Churches, see. [24], The Code presents canon law in five groupings:[25], As the first complete collection of law for the Latin church, it paints a fairly accurate picture of the organizational design and the role of the papacy and the Roman curia at the outset of the twentieth century. THE REVISED CODE OF CANON LAW. https://www.encyclopedia.com/religion/encyclopedias-almanacs-transcripts-and-maps/marriage-legislation-canon-law, "Marriage Legislation (Canon Law) New Catholic Encyclopedia. Papal attempts at codification of the scattered mass of canon law spanned the eight centuries since Gratian produced his Decretum c. Matrimonial nullity trial reforms of Pope Francis, Ordinariate for Eastern Catholic faithful, Ranking of liturgical days in the Roman Rite, Note on the importance of the internal forum and the inviolability of the Sacramental Seal, Matrimonial Nullity Trial Reforms of Pope Francis, Formal act of defection from the Catholic Church, List of excommunicable offences in the Catholic Church, List of people excommunicated by the Catholic Church, Supreme Tribunal of the Apostolic Signatura, Congregation for the Doctrine of the Faith, Beatification and canonization process in 1914, Canonical erection of a house of religious, Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, New Canon Law Code in Effect for Catholics, http://www.studylight.org/dictionaries/ncd/view.cgi?n=1909, CanonLaw.info "A Simple Overview of Canon Law", https://en.wikipedia.org/w/index.php?title=1917_Code_of_Canon_Law&oldid=993858191, Articles lacking reliable references from April 2017, Articles with failed verification from April 2017, Wikipedia articles incorporating text from the 1910 New Catholic Dictionary, Creative Commons Attribution-ShareAlike License. . It’s secondary end is mutual help and the allaying of concupiscence. 2. In practice, however, it gave much greater importance and support to the former than to the latter. Provided the diocesan tribunals take advantage of the new rules, the "trials" can be made more expeditious. Under the aegis of Cardinal Pietro Gasparri, the Commission for the Codification of Canon Law was completed under Benedict XV who promulgated the Code, effective in 1918. The 1917 Code of Canon Law is a landmark of canonical jurisprudence that remains indispensable for understanding the current form of the Latin-Rite Catholic Church. In general, the procedure still remains cumbersome, demanding an outlay in personnel, energy, and money that many churches, especially in developing countries, can ill afford. Great confusion was thus engendered and correct knowledge of the law rendered very difficult even for those who had to enforce it. It arises from a valid marriage, whether consummated or not, and constitutes an impedim…, Common-Law Marriage To provide background: the Church, at least in the West, had borrowed the language of contract from the ancient Roman legal system when expounding upon her theology of marriage. It was promulgated on 27 May 1917 and took legal effect on 19 May 1918. on Amazon.com. There is still more centralization than necessary. The result is again an uneven administration of justice, depending on local circumstances. ." The result is that the unique character and effects of the sacramental covenant between the parties, and between God and the couple, remain obscured. [6] In the 13th century especially canon law became the object of scientific study, and different compilations were made by the Roman Pontiffs. According to canon law, the reception of the Sacrament is necessary for the valid marriage of baptized persons, believers or not. c. 1095n.3). The Pastoral Constitution on the Church in the Modern World (Gaudium et spes ) which proclaimed marriage to be a covenant or foedus, ordered for the mutual help of the spouses and for the procreation and education of children. In general, the 1983 code represents a shift towards a more personalistic and less institutional approach to marriage. Most online reference entries and articles do not have page numbers. [15] For the most part, it applied only to the Latin Church except when "it treats of things that, by their nature, apply to the Oriental",[16] such as the effects of baptism (canon 87). Under the 1983 Code of Canon Law, ecclesiastical impediments only apply to marriages where one or both of the parties is Catholic. [11] The 1912 text was sent out to all Latin bishops and superiors general for their comment, and their notations which they sent back to the codification commission were subsequently printed and distributed to all members of the commission, in order that the members might carefully consider the suggestions. There is a new openness in the law towards the findings of empirical psychology. The dispensing power of the local ordinary has also been extended. The legislation grew with time. There are no prohibiting impediments any more; 12 invalidating impediments remain, but the scope of several of them has been diminished. Dr. Joseph Clifford Fenton, "First Change in Text Of Code of Canon Law" (sic), 1983 Code of Canon Law Annotated, Canon 6 (pg. “An invalid marriage is generally a matter of public record, but it may not be a matter of public knowledge. Encyclopedia.com. According to sound theology, faith is necessary for the valid reception of a Sacrament. l. wrenn, Annulments (4th rev. The idea of "religious covenant" dominates the definition of marriage and provides an important hermeneutical principle for the interpretation of the new body of laws: their full and correct meaning can be grasped only if they are read and explained in their proper theological context. The council never finished its work and no attempt was made to bring the legislation up to date. 1059 Even if only one party is Catholic, the marriage of Catholics is governed not only by divine law but also by canon law, without prejudice to the competence of civil authority concerning the merely civil effects of the same marriage. The Catholic universities of the world and the bishops of all countries were asked to cooperate. 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