PODMÍNKY VYLOUČENÍ SVÁTOSTNÉ DŮSTOJNOSTI MANŽELSTVÍ
CONDITIONS OF EXCLUSION OF THE SACRAMENTAL DIGNITY OF MARRIAGE

Summary/Abstract: According to the teaching of our church, a matrimonial contract between baptized persons cannot validly exist without a church-sanctioned sacrament. If the spouses do not want to receive sacramentality, they cannot validly contract marriage. According to one part of canonists, the refusal of sacramental dignity necessary leads to non-existence of marriage itself – better no marriage if no sacrament. The second part of canonists maintains that spouses are allowed to exclude only the church-sanctioned sacrament in the same way as another essential element or essential property. This article is focused on the question how to view a situation when baptized but otherwise infidel persons exclude the church-sanctioned sacrament and what the will and the recognition of such persons should contain. Spouses as the ministers of the sacrament must have the intention of doing what the church does. Hence it is impossible to contract a marriage in the church without this intention. In the case of perhaps just negligent spouses, it is important to recognize their actual intention and to take into consideration the good of the spouses.

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