Some Special Marriage Procedures

Legislation and Praxis

Authors

  • Jesu Pudumai Doss

Keywords:

Pauline Privilege, Marriage with non-Catholics, Polygamist, Polyandrist, Cohabitation, Marriage in favorem fidei, Non-Consummated Marriage, Conjugal Act

Abstract

“Matrimonial consent is ... an irrevocable covenant” (CIC c. 1057 §2; CCEO c. 817 §1). Thus one of the essential properties of marriage is “indissolubility, which in Christian marriage obtains a special firmness by reason of the sacrament” (CIC c. 1056; CCEO c. 776 §3). Other than a ratum et consummatum marriage (CIC c. 1141; CCEO c. 853), any marriage, either sacramental or non-sacramental, can be dissolved in various ways, fulfilling all the conditions indicated by the ecclesiastical legislation. In this contribution, the author presents some marriage “dissolution” procedures especially Pauline Privilege, the Dissolution in favorem fidei and the Dispensation of the Non-consummated Marriages, with a focus on their History and Legislation, along with the Procedure and Praxis.

Author Biography

Jesu Pudumai Doss

Fr. Jesu Pudumai Doss is a Salesian (SDB) Priest from Chennai, Tamil Nadu, India, who holds Master’s degrees in English, Education, Canon Law and Oriental Canon Law, apart from a Bachelor degree in Civil Law. He also has a Doctorate in Canon Law from Salesian Pontifical University, Rome, where he is a Professor now. He is also an External Judge for marriage cases in the Ecclesiastical Tribunal of the Vicariate of Rome, a Special Commissioner for (in favorem fidei) marriage cases at the Congregation for the Doctrine of Faith, Vatican and a Defender of Bond for non-consummated marriage cases at the Roman Rota, Vatican. He has published widely on Canon Law and has edited and authored many books, especially Freedom of Enquiry and Expression in the Catholic Church. A Canonico-Theological Study (Kristu Jyoti Publications, Bangalore 2007). 

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Published

2020-08-02

Issue

Vol. 4 No. 2 (2013): Iustitia: Dharmaram Journal of Canon Law

Section

Articles