THE PREVALENT INTENTION OF THE SPOUSES AND THE ERROR ON THE ESSENTIAL PROPERTIES OF MARRIAGE AND SACRAMENTALITY (CIC c. 1099)

Authors

  • Nikolaus Schöch Dharmaram Vidya Kshetram

Keywords:

Marriage, Essential Properties, Sacramentality, Error

Abstract

The author explains how a substantial error (CIC c. 126; CCEO c. 933) regarding the essential content of marriage - a permanent “partnership” between a man and woman ordered to the generation of offspring by means of some sexual cooperation (see, CIC c. 1096; CCEO c. 819 on ignorane) -always invalidates marriage consent while an accidental error of law renders it null only if: 1) it concerns the essential properties of unity and indissolubility or sacramentality (CIC c. 1099; CCEO c. 822); 2) it is so intense to condition the act of the will. The accidental error of law is not applicable to other essential elements of marriage as the good of the spouses or the good of offspring.

Author Biography

Nikolaus Schöch, Dharmaram Vidya Kshetram

Fr. Nikolaus Schöch, born in 1960 in Innsbruck, Austria, was ordained
priest in the Religious Order of the Friars Minor in 1988. He obtained a
doctorate in Canon Law from the Pontifical Athenaeum Antonianum, Rome
in 1994. He was the Dean of the Faculty of Canon Law (1998-2005) of the
same University where he is teaching from 1995. He has served and is
serving the Church in various capacities like Advocate at the Roman Rota
(1995), Lecturer at several universities, Member of the Commission for the
Dispensation from Celibacy and that for the Dispensation from NonConsummated Sacramental Marriages at the Congregation for the Divine
Worship and the Discipline of the Sacraments (2000-2005), Consultor at the
Congregation for the Clergy (2003-), Substitute of the Defender of the Bond
(2004), and a Substitute of the Promoter of Justice at the Supreme Tribunal
of the Apostolic Signatura, a full time job (2009-).

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Published

2020-08-02

Issue

Vol. 4 No. 1 (2013): Iustitia: Dharmaram Journal of Canon Law

Section

Articles