Free State Declaration of Non-Catholic Persons before Celebrating of Canonical Marriage
Free State Declaration of Non-Catholic Persons before Celebrating of Canonical Marriage

Summary/Abstract: The subject of analysis is the problem of declaration of unmarried non-Catholics who intend to contract a canonical marriage with the person belonging to the Catholic Church. Everyone has the right to marry. With the right to marry there is a common obligation of every person to accept the natural order that has entered in the nature of the person and the marriage. One of the elements of the natural order is a free state requirement for the contracting parties. Among the multitude of contemporary concepts only acceptable, from the point of view of the doctrine of the Catholic Church, is the affirmation of the absolute indissolubility of marriage between two baptized persons. The Church, as guardian of marriage and safeguard of the human rights, perceives and recognizes the dignity of marriage contracted by any person with respect for the natural order, regardless of time, place and circumstances of its conclusion. Confirming the validity of marriages outside the Catholic Church, while the Church can not, being faithful to Christ's teaching on marriage, agree to the dissolution against the divine law, whether in the civil law, whether on the basis of positive law in some religious communities. The author analyzes the free state as a condition for marriage under the divine law, placing it right on top of the marriage law system, and then discusses the principles of free state research, in particular, the parish priest's competence (pastor) and the local ordinary, the powers of the ecclesiastical tribunal, and issues of the exclusive competence of the Holy See.

• Details
• Contents