Natura i funkcja przeszkód małżeńskich w systemie kanonicznego prawa małżeńskiego
The Nature and Function of Marital Impedimemts in the System of Canonic Marriage Law

Summary/Abstract: Proclaimed in can. 219 of the CIC (and in can. 778 of the CCEO), the universal human right to freely choose the state of life has found its specification in can. 1058 of the CIC, which declares the right to marry: ,,All persons who are not prohibited by law can contract marriage”. The general norm of can. 1058 CIC, including the clause: ,,who are not prohibited by law” means that the right to marry may be limited. One of the areas where this restriction exists is marital impediments (impedimenta dirimentia).In affirming in can. 1073 of the CIC that a breaking impediment renders a person incapable of contracting marriage, the legislator defined the legal nature of the binding marriage impediments. Impedimentum matrimoniale is a law which, above all, forbids marriage, but is a law which has its own specific legal effects: it makes a person inhability within the meaning of the above-mentioned can. 10 of the CIC. Marital obstacles have the function of protecting the welfare of the entire community and of preventing possible personal and direct harm to one of the parties, at least with regard to certain impediments.

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