PASTORAČNO-PRÁVNE ASPEKTY MIEŠANÝCH KATOLÍCKO-EVANJELICKÝCH MANŽELSTIEV Z POHĽADU KATOLÍCKEJ CIRKVI
SOME PASTORAL AND JURIDICAL ASPECTS OF MIXED CATHOLIC-LUTHERAN MARRIAGES ACCORDING TO THE CATHOLIC CHURCH

Summary/Abstract: According to can 1124 of the Code of Canon Law of 1983, without the expressed permission of the competent authority, marriage is prohibited between two baptized persons, one of whom is baptized in the Catholic Church and the other belonging to a Church or ecclesial community not in full communion with the Catholic Church (e.g. the Lutheran Church). As for mixed marriages, in the present valid Code of Canon Law, there is characteristic ecumenical spirit. There is no mention of the “heretic-party” but the Code of Canon Law speaks of the “baptized non-Catholic party”. The local Ordinary of the Catholic party can grant permission for the canonical celebration of mixed marriage, but this permission has no influence on the validity of this marriage. The baptized non-Catholic party makes no promise, but he or she is to be informed only of the promise and the obligation to be made by the Catholic party. If in spite of all efforts, the children are neither baptized nor brought up in the Catholic Church, the Catholic parent does not incur automatically a censure of the Canon Law (compare can. 1366 CIC). In individual cases, if there are serious difficulties in the way of observing the canonical form, the local Ordinary of the Catholic party has the right to dispense from it. For validity, however, some public form of celebration is required. The diocesan Bishop can grant the permission for the liturgical celebration of mixed marriage of the Catholic party with the non-Catholic (e.g. Lutheran) party within Holy Mass. The same diocesan Bishop can also grant the permission to receive the Eucharist, servatis servandis, by the baptized non-Catholic party.

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