Marriage (1055-1165)

Question 1

4 hearts / levels of marriage

Answer 1

1. Essential core - 3 bona
2. Connatural rights and duties (can. 1135, 1151-maintain a common conjugal life)
3. Accessory canonical and civil obligations
4. Para-rights: societal norms

Question 2

Conditions for Favor of Faith (5)

Answer 2

1. At least one of the partners in the marriage must have been unbaptized (unbaptized at the time of the marriage and throughout the duration of the common life)
2. If only one party was unbaptized at the time of marriage and he/she has subsequently been baptized, no sexual intercorse occurred after that baptism
3. If the dissolution is requested to permit the marriage of a Catholic with a non-baptized or a non-catholic baptized, the non-Catholic must be willing to allow the Catholic to practice their faith and raise their children catholic.
4. Catholic party seeking the dissolution cannot be cause of the breakup.
5. If the petitioner is a Catholic whose last marriage had a dispensation for Disparity of Worship, the new marriage must be with a baptized person.

Question 3

Conditions for the Pauline Privilege (4)

Answer 3

1. Marriage between 2 NON baptized
2. One becomes baptized and the other doesn’t
3. Unbaptized party refuses to remain with the baptized party or doesn’t want to give “offense” to God.
4. Baptized party is not cause of the departure of the non-baptized spouse.
   * **(nn. 3 & 4 must be interpreted by the ordinary)

Question 4

Reasons for invalidity of a marriage bond (3)

Answer 4

1. impediments (personam inhabilem reddit)
2. lack of consent
3. lack of form (for catholics)
   (can. 1057 & form-1108,1117)
   * *can 124:
4. persona habili,
5. essentialiter constituunt,
6. sollemnia et requisita iure.

Question 5

5 reasons for dissolution

Answer 5

1. Ratum non consumatum (can be a natural or sacramental bond) [RP*] (can. 1142).
2. Pauline privilege (natural bond) [ipso iure but “validated” by ordinary] (can. 1143, 1147).
3. In favor of the faith (natural bond, unless not consummated after later baptism) [CDF] (can. 1143).
4. Polygamy and polyandry (natural bond) (can. 1148).
5. An unbaptized person, after having received baptism, cannot reestablish cohabitation with their unbaptized spouse due to captivity or persecution, even if the other spouse has become baptized in the meantime (natural or unconsummated sacramental bond) (can. 1149).

Question 6

3 Augustinian goods

Answer 6

1. bonum fidei (opposed by adultery or polygamy)
2. bonum prolis
3. bonum sacramentum (opposed by divorce)

Question 7

2 ends of marriage and

2 essential properties

Answer 7

Ends: bonum coniugum and bonum prolis (can. 1055)

Essential properties: unity and dissolubility

Question 8

Consummation (and impotence)

Answer 8

(can. 1061)
Male: erection, penetration of vagina, and ejaculation deposited in the vagina
Female: reception of penis (at least partially), past the hymen wall, and ejaculation into her vagina.
Impotence can be relative or absolute, functional or organic, antecedent or perpetual
Impotence invalidates marriage but sterility does not.
vasectomies count as being sterile and do not invalidate marriage according to may 13th 1977

Must be a human act: (1) it must be freely made by reason and free will (2) it must be free of violence (3) needs to be with marital intent [ie. love and a desire to consumate with ones spouse]

Question 9

12 diriment impediments

Answer 9

1. Age - 16 male, 14 female (1083)
2. Impotence (1084)
3. Prior bond of marriage -Ligamen (1085)
4. Disparity of worship -Non-baptized (1086)
5. Sacred orders (1087)
6. Vows and religious profession (1088)
7. Abduction (1089)
8. Conjugicide (1090)
9. Consanguinity -4th degree (1st cousins) not permitted. (1091)
10. Affinity -no one in a direct line (ancestor or descendant) (1092)
11. Public propriety -cannot marry the parent or child of a former spouse or concubine (1093)
12. Adoption -cannot marry in direct line or 2nd degree collateral (brother or sister by adoption) (1094)

Question 10

“matrimonium in fieri”

Answer 10

mutual exchange of matrimonial consent

Question 11

“matrimonium in facto esse”

Answer 11

juridical effect of marriage by which they establish a partnership for all their lives

Question 12

Putative Marriage

Answer 12

A marriage which is in fact invalid, but is believed to be valid by at least one of the members. It must be celebrated according to canonical form and in good faith.

Question 13

Public Impediment

Answer 13

An impediment which can be proved in the external forum

Question 14

Occult Impediment

Answer 14

An impediment which cannot be proved in the external forum

Question 15

Total Simulation

Answer 15

The total exclusion of marriage from the will

Question 16

Partial Simulation

Answer 16

The exclusion of any essential element or property of marriage

Question 17

Force (vim)

Answer 17

External physical or moral impulse which cannot be resisted

Question 18

Fear (metus)

Answer 18

Trepidation of the mind which is the result of impending danger or an impending evil produced by physical or moral fear. Fear can be common or reverential.

Question 19

Impediments reserved to the Holy See

Answer 19

Sacred Orders

Public perpetual vows in a religious institute

Question 20

experts (canons regarding them)

Answer 20

can. 1680, In cases of impotence or defect of consent because of mental illness.
can. 1574, The assistance of experts must be used whenever the prescript of a law or of the judge require their examination…
* see art. 203ff. DC.

Question 21

difference between unity and fidelity (coram Bottone 2003)

Answer 21

Unity is excluded when a person is contracting marriage reserves to him or herself the right to have more than one wife or one husband, and hence, it is directly opposed to polygamy and polyandry, or the sharing at one’s own whim his or her body with other people….more recent jurisprudence has explained that the importance of denying to the other party the perpetual and exclusive right rather than of granting it to a third person. The same must be said of the intention of not accepting the exclusive right granted by one’s partner. “We must conclude therefore, that the essential good of fidelity includes, beside the unity of the bond, the right and mutual obligation of the contractants both to the conjugal debt that is to be demanded and granted and to the exclusivity with respect to placing acts proper to the conjugal life. And this is in fact understood differently from the good of offspring, that is not as a right and obligation to conjugal acts for the propagation of life and, therefore, necessary for the generation of offspring, but rather to use sexuality in an exclusive manner between spouses” *c. funghini 1987
-all cited from Studia Canonica Vol 40. 2, 2006 (p. 506-508)