Uprawnienia Kościoła katolickiego w odniesieniu do małżeństw niekatolików
The Rights of the Catholic Church in Relation to Marriages of Non- Catholics

Summary/Abstract: This article is an attempt to bring closer the subject of jurisdiction of the Catholic Church over a marriage of non-Catholics. It includes principal definitions, ideas and concepts related to the topic. The paper consists of two leading motives. The first one is focused around theory and definitions, the second one, around legal procedure and practice. At the beginning, the Author presents main definitions on the topic that are necessary to further exploration. This includes inter alia category of unbaptized and baptized non-Catholics. The next part of the paper circles around the question – on what grounds does the Catholic Church exercise the jurisdiction over baptized and unbaptized non-Catholics? The Author presents justification for such Church's power through describing its roots in natural law and the sanctity of marriage, referring to history of doctrine and several ecclesiastical documents. The last part of the paper deals with theory and procedures, which are included in Code of Canon Law 1983 and Instruction Dignitas connubii. It also refers to decisions of the Apostolic Signature and gives specific grounds on which authority of the Catholic Church over non-Catholics may be exercised: proving unmarried status, legal interest, status familiae et personarum (legitimacy of offspring, kinship, affinity, alimony, heirdom).

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