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Legal Capacity Integral Consent Canonical Form

1) There are three requirements for a valid Catholic marriage: legal capacity, integral consent, and canonical form. 2) Legal capacity requires freedom from 12 impediments including age, impotence, previous marriage, disparity of worship, sacred orders, and consanguinity. 3) Integral consent means freely giving consent without invalidating factors like incapacity, ignorance, error, fraud or force. 4) Canonical form means the marriage must be celebrated before a priest or deacon and two witnesses.

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85 views20 pages

Legal Capacity Integral Consent Canonical Form

1) There are three requirements for a valid Catholic marriage: legal capacity, integral consent, and canonical form. 2) Legal capacity requires freedom from 12 impediments including age, impotence, previous marriage, disparity of worship, sacred orders, and consanguinity. 3) Integral consent means freely giving consent without invalidating factors like incapacity, ignorance, error, fraud or force. 4) Canonical form means the marriage must be celebrated before a priest or deacon and two witnesses.

Uploaded by

Mariel Lee Ching
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPS, PDF, TXT or read online on Scribd
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LEGAL

CAPACITY
INTEGRAL
CONSENT

CANONICAL
FORM

3 REQUIREMENTS OF VALID MARRIAGE FOR CATHOLICS

108

FO
R
-1
123 M

LEGAL CAPACITY

T
EN
NS
CO 107
AL 5 - 1
GR 109
TE n s
IN Cano

CA
NO
Ca NI C
no
n s AL
1

Canons 1073 - 1094

Canons 1073 - 1094

LEGAL
CAPACITY
All can contract marriage who are not prohibited by law. (Canon
1058). This means that the law can prohibit marriage in some
particular cases; one of them, for instance, when contracting parties
labor under a diriment impediments.
Matrimonial impediments are incapacitating or invalidating laws that
truly restrict the free exercise of the right to marriage that everyone
has. Some impediments are derive from natural law (e.g.
impotency, consanguinity), while others are established by the
Church herself. (e.g. holy orders, public vow of chastity).
Accordingly, some of the admit dispensation; others, dont.

Canons 1073 - 1094

LEGAL
CAPACITY
Freedom from any and all of 12 impediments
1.
2.
3.
4.
5.
6.

AGE
IMPOTENCE
PRE-EXISTING BOND
DISPARITY OF CULT
SACRED ORDERS
VOW OF CHASTITY

7.
8.
9.
10.
11.
12.

ABDUCTION
CRIME
CONSANGUINITY
AFFINITY
PUBLIC PROPRIETY
LEGAL RELATIONSHIP

LEGAL CAPACITY

AGE

A man cannot validly enter marriage before the


completion of his sixteenth year of age; a woman,
before the completion of her fourteenth year.
It is within the power of the conference of Bishops to establish an
older age for the licit celebration of matrimony. (Canon 1083) In the
case of the Philippines, CBCP fixed it on 18 years for both bride and
groom, in consonance with the Family Code of the Philippines .

LEGAL CAPACITY
IMPOTENCE

Antecedent (exists prior to marriage) and


perpetual (which cannot be corrected) impotence
by its very nature invalidates marriage

LEGAL CAPACITY
PREVIOUS
MARRIAGE

A person bound by a previous


marriage cannot contract marriage

LEGAL CAPACITY
DISPARITY OF
WORSHIP

A marriage between a Catholic and


a non-baptized person is invalid.

LEGAL CAPACITY
SACRED ORDERS

Marriage is invalidly contracted by


those in sacred orders; e.g.
deacons, priests and bishops

LEGAL CAPACITY
PERPETUAL VOW
OF CHASTITY

Those who are bound by a public


perpetual vow of chastity in a
religious institute invalidly contract
marriage.

LEGAL CAPACITY
ABDUCTION

No marriage can exists between a


man and a woman who has been
abducted, or at least detained, with a
view to contracting marriage with her.

LEGAL CAPACITY

CRIME

The impediment arises when someone,


with a view of entering marriage with a
particular person, has killed that
persons spouse , or his or her own
spouse.

LEGAL CAPACITY
CONSAGUINITY

Marriage is invalid between those


related by consanguinity in all degrees
of the direct line, and up to the fourth
degree inclusive, in the collateral line.

LEGAL CAPACITY
AFFINITY

Affinity is the relationship existing between


one spouse and the blood relatives of the
other spouse. The impediment extends to
any degree of the direct line.

LEGAL CAPACITY
PUBLIC PROPRIETY

The impediment arises when a couple live


together after an invalid marriage, or from a
notorious or public concubinage. It invalidates
marriage in the first degree of the direct line
between the man and those related by
consanguinity to the woman, and vice versa.

LEGAL CAPACITY
LEGAL
RELATIONSHIP

Those legally related because of


adoption cannot validly marry each
other if their relationship is in the direct
line or in the second degree of the
collateral line.

Canons 1095 - 1107

INTEGRAL
CONSENT
A marriage is brought into being by the lawfully
manifested consent of persons who are legally capable. (Canon 1057)

The validity of marital consent depends on a good number of


factors:
First, on a minimal degree of knowledge of what marriage is and
of sufficient freedom to accept its responsibilities.
Secondly, on the personal psychological capacity to assume its
essential obligations.

Canons 1095 - 1107

INTEGRAL
CONSENT
Freedom from invalidation of Consent
1. CONSENSUAL INCAPACITY

4.
a. Lack of Sufficient Use of Reason 5.
b. Grave Lack of Due Discretion
6.
c. Inability to Assume Obligations
7.
8.
2. IGNORANCE
9.
3. ERROR

MISCONCEPTION
FRAUD
SIMULATION
CONDITION
FORCE OR FEAR
PROXY MARRIAGE

Canons 1095 - 1107

CANONICAL
FORM
Priest, 2 witnesses, & the Rite of Marriage
1.
2.
3.
4.
5.
6.

PROPER MINISTER

bride and groom

ORDAINED OFFICIAL CHURCH WITNESS bishop, priest, or deacon


LAY OFFICIAL CHURCH WITNESS principal sponsors (ninongs/ninangs)
COMMON WITNESSES families and friends
EXCHANGE OF VOWS public pronouncement of I dos

RITE OF MARRIAGE in accordance with the canonical form

Materials taken from the 1983 Code


of Canon Law and from the pamphlet
on Marriage and Annulment by Fr.
Javier Gonzales, O.P., JCD.

Presentation edited and prepared by :


E. M. JAMILLA
UST Institute of Religion

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