SKIEROWANIE MAŁŻEŃSTWA DO BONUM CONIUGUM PRZEDMIOTEM BŁĘDU PRAWNEGO (KAN. 1099 KPK) I ELEMENTEM WIEDZY KONIECZNEJ O MAŁŻEŃSTWIE (KAN. 1096 § 2 KPK)?
DIRECTING A MARRIAGE TO THE BONUM CONIUGUM OBJECT OF A LEGAL ERROR (CAN. 1099 CIC) AND ELEMENT OF NECESSARY KNOWLEDGE ABOUT MARRIAGE (CAN. 1096 § 2 CIC)?

Summary/Abstract: In can. 1096 § 1 of the CIC, defining the so-called necessary knowledge about marriage (scientia minima), as in can. 1099 CIC indicating the subject of a legal error (error iuris), there is no mention of the good of the spouses (bonum coniugum), which would indicate that both ignorance and error in relation to this good would not result in the nullity of the marriage. Although the Apostolic Signatura ruled in 2013 that in both situations one should not ,,go beyond” the cases specified in the mentioned canons, the question arises whether the bonum coniugum omitted in these canons (referring marriage to good, apart from directing it towards the good of offspring (bonum prolis), is the goal and essential element of marriage); it is difficult to exclude cases where ignorance or legal error in relation to bonum coniugum may de facto occur.A deeper reflection on the meaning of the term consortium (community) used in can. 1055 §1 CIC seems to clearly indicate that although there is no ,,symmetry” between this canon and canon. 1096 §1 of the Code of CIC, the term consortium ,,includes” the concept of the good of the spouses. Thus, both ignorance and error regarding the bonum coniugum can result in the nullity of the mar- riage.

• Details
• Contents