Stand Alone Pages on 'Musings of an Old Curmudgeon'

27 July 2020

The Catechism of the Summa - Tertia Pars - XLIII. OF THE SACRAMENT OF MATRIMONY; OF ITS NATURE, IMPEDIMENTS, DUTIES; OF DIVORCE; OF SUBSEQUENT MARRIAGE; AND OF ESPOUSALS (D)

(N.B. The Canons referred to in this section are from the Pio-Benedictine Code of 1917, NOT the Johannine Code of 1983!)

(D)

What are the diriment impediments of Matrimony?

The following, and they are such as are to be found in the new Code of Canon Law: (1) Immature age, that is before sixteen complete years for the man, and before fourteen complete years for the woman; (2) impotency anterior to marriage and perpetual, whether on the part of the man or on the part of the woman, whether known or not known, whether absolute or relative; (3) the fact of being already married even though the marriage has not been consummated; (4) disparity of religion when one of the parties is not baptized, and the other has been baptized in the Catholic Church, or has returned to the Church by being converted from schism or heresy; (5) the fact of being in Holy Orders; (6) the fact of having taken solemn vows in religion, or also simple vows provided the Holy See has determined that these simple vows render marriage null and void; (7) rape or detention by force with a view to marriage, until the person so detained have the full use of liberty; (8) adultery with the promise, or the civil attempt, of marriage, or adultery followed by murder of the married partner committed by one of the two delinquents -- or the co-operation, without adultery, whether physical or moral, in the murder of the married partner; (9) consanguinity in direct line of descent always, and collaterally to the third degree inclusively, and this impediment is multiplied according as the root or stock common to the two parties is multiplied; (10) affinity in the direct line always, and collaterally to the second degree inclusively, and this impediment is multiplied according as the impediment of consanguinity which is the cause is multiplied, or by a subsequent marriage with a blood relation of the dead partner; (11) public honesty arising from an invalid marriage whether consummated or not, and from public concubinage -- this makes marriage null and void in the first and second degree in the direct line between a man and the blood relations of the woman, and vice versa; (12) spiritual parentage contracted between a person baptized and the one who baptizes and the godfather or the godmother; (13) legal parentage by adoption -- if the civil law holds this as an obstacle to the validity of marriage it becomes by the virtue of Canon Law a diriment impediment (Code, Canons 1067-1080; L.-LXII.).

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