to natural law, consent must be free, internal and external signs comply with, and not conditional, that is not subject to the creation of future events. Consent it requires the acceptance of a marriage outright, without the addition of clauses that oblige the other spouse to take a particular course of conduct in the future [1]. For example: "I'll marry you as long as you give up your future activities at work" or "I'll marry you if you move to a different location." The addition of clauses results in a reduction of consent which is not allowed by canon law. The consent must be without physical pressure from wherever it comes from. The pressures can also be psychological. The case that occurs frequently is the awe. In this case, the pressures arising from their parents or even one of them. When we talk pressure should not be thinking about beating or threatening cries: those pressures which are considered sufficient practice with speeches firm and insistent, emphatic way to weaken the stamina. For example, the child who is forced / to accept the marriage with a person who does not love her anymore. The / spouse only to awe for fear of provoking a serious outrage in parents. It happens often when the engagement takes many years and everyone thinks is to end the marriage, or when the rethinking of the child, especially in small towns, creates difficulties for parents, the idea of \u200b\u200bhaving to face criticism, gossip and malicious people's reactions . It is the cause of nullity of marriage the fear caused by threats of suicide sector. Consider the case of a girl who deeply loves her boyfriend and that these are left. The threat of suicide "forces" the guy at the wedding celebration but with a forced consensus, no longer the result of free choice. The consent could be considered invalid due to lack of capacity (c. 1095). A person is deemed incapable of contracting marriage only when it lacks the use of reason, but even when it lacks discretion to trial. In practice, the subject is not available in adequate measure of critical thinking, awareness, inner freedom, all the necessary requirements. This can happen due to an insufficient degree of maturity or abnormality of psychological or neurological or because it is unable to assume the burdens and responsibilities expressed in the time of the marriage.
can also happen that a person with sufficient capacity for discernment, however, in married life may prove unable to cope with the duties and responsibilities assumed at the time of the wedding. This happens with the presence of abnormal personality or character. Can not be invoked to annul the marriage, the incompatibility of character, as the incompatibility, while making it difficult to married life, does not involve an inability to assume the essential obligations of marriage.
Indissolubilità ed unità del vincolo
Sono due proprietà strettamente connesse tra loro che nel matrimonio cristiano conseguono una peculiare stabilità in ragione del sacramento (can. 1056). Il matrimonio per disegno divino deve essere monogamico. L'uomo può sposare una sola donna, contrariamente a quanto permette il Corano con l'ammissione della poligamia. E di riflesso il matrimonio è indissolubile, senza divorzio, perché è volere di Dio che il vincolo matrimoniale duri fino alla morte di uno dei due coniugi. Talvolta una persona si accosta al matrimonio non completamente convinta del passo che sta per compiere. Ha incertezza e teme che in futuro possano sorgere difficoltà tali da compromettere l'armonia of torque. There he married a precise mental reservation: regain their freedom asking for divorce, if the union would be unhappy. A marriage contract is invalid in this context because it excludes the indissoluble bond. Different is the attitude of those who come to marriage with the idea of \u200b\u200bmarrying for life but without prejudging the future, unable to foresee the consequences. In this case the marriage is valid as long as there is the constant effort to overcome difficulties, and as Christians, trusting in the Lord and in the sacramental bond. Excludes those who are married then the marriage "to test" with the intent to dissolve the bond under certain circumstances, regaining full freedom.
Loyalty
Even this property is essential in Christian marriage. It should be emphasized that it is adultery or infidelity as a fact in itself to determine the nullity of marriage. And 'the marriage void only if the infidelity is premeditated, that is if one spouse at the time of the wedding had the idea to betray the other or the other. A classic example is that of a person who lives a sentimental experience without having completely severed contact with the person to whom it was previously bound. Eventually he married one of the two but does not give up the intention to review after the other. The party betrayed may rely on the declaration of invalidity.
responsible procreation
It comes to the invalidity is ruled out when the offspring. The exclusion can be:
absolute, if one or both spouses decide not to have children for fear of transmitting to their offspring inherited diseases or for economic reasons.
temporarily, when one or both spouses agree to an indefinite postponement of procreation pending the completion of an event. Not realized, for example, procreation, which the couple does not feel fully mature to assume responsibility for children, or is hesitant on the stability of interpersonal relationship. Because the constraint is valid should be that the offspring is accepted unconditionally and without mental reservations.
's sacramental bond
"The matrimonial covenant, by which a man and a woman establish between themselves a partnership of all life, by its nature ordered toward the good of the spouses and the procreation and education of children, between the baptized was raised by Christ the Lord to the dignity of a sacrament "(c. 1055). So the marriage between two baptized persons is a sacrament automatically (ex opere operato). It is also true baptism of the faithful of the Orthodox Church, Anglican, Waldensian, Methodist, Lutheran, Baptist. It is generally valid baptism of all those who receive it on behalf of Trinity SS.ma. Not valid as of the Mormons or Jehovah's Witnesses.
When it becomes invalid sacrament?
The sacrament is invalid when the person refuses to explicitly and formally what the Church intends to do when celebrating the marriage of the baptized (FC 68).
Only in these cases, there is the sacramental bond as the consensus expressed during the religious ceremony is a formal expression blank. The case also presents for the baptized believers, the cross and torment of the operators of family ministry. John Paul II in the Apostolic Exhortation "Familiaris Consortio" of 22 November 1988 gave the about a specific directive, the result of parental understanding and balanced carefully.
When young people show that they not be fully prepared to celebrate the sacrament with faith, or because they declare themselves indifferent, or because they explicitly say not to believe, or because they are in a state notorious for abandoning the faith itself, only then can reaching the decision not to admit the marriage. This decision must be made with a true spirit of discernment after consulting the ordinary in doubtful cases (Dir. family ministry, n. 87). But the demands of marriage of baptized believers can not be a providential occasion for the parish of evangelization and catechesis. L 'art. 43, Decree-General calls on the priest "to help those engaged parties to reflect on the meaning of their choice and to ensure that they are sincerely ready to accept the nature, purpose and essential properties of Christian marriage" remembering that "wanting to establish additional criteria for admission to the celebration Church of the marriage that should concern the degree of faith of the engaged, moreover, involves serious risks "(FC. 68). In cases of marriage of baptized persons who believe you can not skip the celebration of Holy Mass celebrating the rite of marriage only.
Error
Another ground of nullity is the factual error (c. 1097), which can relate to a double object:
the person;
its quality.
In the first case the error renders a marriage invalid because it is a substantive error concerning the identity of the partner. And what happened to Jacob in the Old Testament, when the celebration of her marriage to the daughter of Laban, Leah was replaced by Rachel (Genesis 29, 16-25). In the second case the error does not render the marriage void in itself except that the quality has been directly and principally intended becoming a sine qua non (c. 126). As an example we can cite the case of a person who marries the idea that he / she is to the future / a spouse is holds a position of economic and professional dignity, qualities that he / she is particularly close to heart and considers it essential for the wedding. After the wedding is this quality that does not exist, in which case the consent shall not be considered valid. As in the case of a young man who marries a girl of her virginity safe when in fact not a virgin. In this case the error giving rise to the marriage contract, since the young man, if he had known it before, do not marry the girl. The marriage is valid in itself, except that the young man, before marrying, with the explicit desire to have understood "directe et principaliter" to marry a virgin girl making a conditio sine qua non.
Dolo or deception
The Question 10 Position Double (model 1) provides: He concealed something that would seriously jeopardize the married life? Before this application, the pastor must verify
that intent is a genuine mistake or deception of contracting subject;
that the intent is put in place deliberately with the specific intention to steal the matrimonial consent of a person;
that the fraud has as its object not a fact but any physical or moral quality of a person who intends to marry, not others. For example make the marriage void contractors who hide the existence of hereditary diseases, or psychic nature, or of being infected with AIDS, or have homosexual tendencies.
Impotence (c. 1084)
Contrary to popular belief, the discussion of this case represents a small fraction of the Ecclesiastical Courts. Nullifies the antecedent and perpetual impotence marriage by both man and woman, both absolute and relative terms. When in doubt, the marriage must not be prevented.
Infertility does not make the marriage void, unless the person has been deceived with intent to steal the consent order (c. 1098).
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Notes [Note 1] "The Matrimonial consent is an act of will by which man and woman by an irrevocable covenant mutually give and accept themselves to constitute a marriage" (can.1057, 2).
Clementoni
Lawyer Law Firm Torrieri
attorney rite Catholic marriage annulment
Alba Adriatica Teramo Abruzzo
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