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16 nov 2022

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E. Peters, wbp

Eliminating canonical form for marriage

Overview

Canonical form for marriage is a treatment being administered long after the disease has been cured. Before the efficient State recordation of marriages canonical form was effective at eradicating the serious problem of clandestine marriage but now the requirement of form provides thousands of Catholics with an easy way out of marriages that the Church expects non-Catholics to honor and simultaneously deprives Catholics living in otherwise stable matrimonial relationships of the sacramental graces important to that way of life (ironically, while allowing non-Catholic Christians to secure the graces of Matrimony even if they do not recognize Matrimony as sacrament!). Canonical form for Roman Catholics should be abrogated.

Law

De Concordia 1108. § 1. Ea tantum matrimonia valida sunt, quae contrahuntur coram loci Ordinario aut parocho aut sacerdote vel diacono ab alterutro delegato qui assistant, necnon coram duobus testibus, secundum tamen regulas expressas in canonibus qui sequuntur, et salvis exceptionibus de quibus in cann. 144, 1112 § 1, 1116 et 1127 §§ 1-2. § 2. Assistens matrimonio intellegitur tantum qui praesens exquirit manifestationem contrahentium consensus eamque nomine Ecclesiae recipit. § 3. Solus sacerdos valide assistit matrimonio inter partes orientales vel inter partem latinam et partem orientalem sive catholicam sive non catholicam.

Eng trans. De Concordia 1108. Only those marriages are valid which are contracted before the local ordinary, pastor, or a priest or deacon delegated by either of them, who assist, and before two witnesses according to the rules expressed in the following canons and without prejudice to the exceptions mentioned in cann. 144, 1112, §1, 1116, and 1127, §§1-2. § 2. The person who assists at a marriage is understood to be only that person who is present, asks for the manifestation of the consent of the contracting parties, and receives it in the name of the Church. § 2. Only a priest validly assists at a marriage between Eastern [Catholics] or between a Latin party and an Eastern party whether Catholic or non-Catholic.

My writings

Other materials dealing with De Concordia 1108, likely briefly,

cited here.

• Peters' Blog, 24 jan 2018, here. ▪ The pope’s presiding over a ‘mid-air marriage’ between flight attendants might, or might not, have resulted in a presumptively valid marriage. > Canonical form. Canon 331. Canon 1057. Consent. Convalidation. Contract. Rite of Marriage. Marriage preparation. Francis.

• Peters' Blog, 19 jan 2018 (2), here. ▪ The ‘mid-air marriage’ seems to have been planned. > Canonical form. Consent. Rite of Marriage. Marriage preparation. Canon 1160. Francis.

• Peters' Blog, 18 jan 2018, here. ▪ Assessment of (what was reported as) a ‘mid-air marriage’ (convalidation) between two flight attendants on a papal flight. > Canonical form. Canon 331. Canon 134. Canon 1108. Consent. Canon 1057. Rite of Marriage. Marriage preparation. Francis.

Fundamental argument. • Peters' Blog, 16 jan 2014, here. ▪ Orientation to the problem of canonical form, with bibliography. > Canon 1108.

Other

commentary

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Materials on this website represent the opinions of Dr. Edward Peters and are offered in accord with Canon 212 § 3.

This website undergoes continual refinement and development. No warranty of completeness or correctness is made.

Dr. Peters' views are not necessarily shared by others in the field nor are they intended as canonical or civil advice.