Understanding Marriage in Canon Law: A Comprehensive Guide

Posted on Apr 29, 2024 in Religion

ITEM 6: Outline:

1. Notion and Historical Development of the Concept:

The Codex Iuris Canonici (1055-1165) lays the foundation for understanding marriage in the Catholic Church. Title VII of Book IV highlights two key ideas:

  • Marriage is a natural institution, existing before and independent of canon law. It is driven by an innate human inclination towards matrimony.
  • Marriage is sacred, elevated by rituals and considered a sacrament when both parties are baptized. The stages of marriage include the initial agreement (in fieri) and the actualized union (in esse).

**Consequences:**

  • The natural right to marry (ius conubii) is limited only by objective factors, such as impediments or the character of the sacrament.
  • Absolute freedom exists to enter into marriage.

2. Terminology of Marriage:

  • **Ratified Marriage:** A sacramental marriage between baptized Christians.
  • **Consummated Marriage:** A marriage where the marital act has taken place.
  • **Non-consummated Marriage:** A marriage where the marital act has not occurred.
  • **Mixed Marriage:** A marriage between a baptized and a non-baptized person.
  • **Invalid Marriage:** A marriage that fails to meet the legal requirements and has no civil or religious effects.
  • **Putative Marriage:** An invalid marriage entered into in good faith, with potential effects for children.
  • **Illicit Marriage:** A valid marriage that violates certain canonical prohibitions, but remains valid with potential sanctions.

3. Purposes and Essential Properties:

Canon 1055 defines the two main purposes of marriage:

  • **Good of the Spouses (bonum coniugum):** The mutual well-being and support of the couple.
  • **Procreation and Education of Offspring (bonum prolis):** The responsibility to raise children.

These objectives are considered objective ends, while the subjective intentions of the individuals entering marriage are also crucial. If the subjective intent contradicts the objective ends (e.g., excluding children), the marriage may be invalid.

Essential properties of marriage, as per canon 1056, are:

  • **Unity:** Excludes polygamy and polyandry, ensuring exclusivity between spouses.
  • **Indissolubility:** Implies lifelong commitment and fidelity, with dissolution only possible through death.

4. Specific Protection of Marriage:

Canon law emphasizes the importance of marriage for society and grants it special legal protection (canon 1060). The principle of favor matrimonii presumes the validity of a marriage in cases of doubt.

Key aspects of this protection include:

  • **Presumption of Validity:** A marriage is presumed valid until proven otherwise, especially if cohabitation and consummation have occurred (canon 1061.2).
  • **Certainty for Annulment:** Strict criteria and moral certainty are required for declaring a marriage null.
  • **Presumption in Doubtful Cases:** Marriage should not be impeded in cases of doubt, whether factual or legal (canon 1095).

5. Ecclesiastical Jurisdiction over Marriage:

Canons 1059, 1108, 1671, and 1672 outline the Church’s jurisdiction over marriage. The primary criterion is the baptism of at least one party in the Catholic Church. This jurisdiction extends to:

  • Marriages between two Catholics.
  • Marriages between a Catholic and a non-Catholic or a baptized person from another Christian denomination.

While civil authorities handle the civil effects of marriage, the Church retains jurisdiction over the substance and validity of the marriage bond, particularly for baptized individuals.