Santuoką ardančios kliūtys kanonų teisėje
DIRIMENT IMPEDIMENTS IN CANON LAW

Summary/Abstract: The aim of the article is to analyze the concept of diriment impediment in Canon Law and the circumstances that influence impediments to marriage. All legal systems including canon law acknowledge a set of moral, ethical or social circumstances that restrict the exercise of the natural right of a person to marry. It results in the invalidity of an attempted marriage. The best way to perceive the nature of impediments is to analyze the evolution of such impediments and the interplay of divine, natural, canon or civil law on this subject. Historically the perception of impediments in the Church’s positive law and its social teaching is a coherent process. It could be explained by several reasons which are examined by this article. Firstly, express articulation of requirements founded in divine law and established by a positive ecclesiastical law. The requirements on impediments from Civil Law should also be taken into account. Secondly, there is a necessity to protect the rights and interests of a counter party in the marriage. Thirdly, the welfare of interested parties, since the competent authority establishes a certain impediment by appealing to the experience that certain marital relationships harm the parties themselves and their children. And finally, the legitimate interests of the society are relevant, since both civil and ecclesiastical law have long restricted the fundamental freedom to marry in the interest of the common good by establishing impediments.

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