Pokoncilní kanonistická úprava postavení katechumenů vzhledem k možnosti církevního sňatku a návrhy na budoucí modifikace
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CANONISTIC ARRANGEMENT OF STATUS OF CATECHUMENS CONCERNING THE POSSIBILITY OF CHURCH MARRIAGE AFTER THE 2ND VATICAN COUNCIL AND SUGGESTIONS FOR FUTURE
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This article describes the canonic situation of catechumens, especially their possibility to celebrate the marriage in the Catholic Church. After the recapitulation of Church-documents concerning catechumens since the Second Vatican Council the author describes the regulation of their possibilities to celebrate the Church-marriage specially - both in the area of liturgical law, and in the canon law. The liturgical law gives large possibilities for such celebrations in the Catholic Church, while it seems that the text of C.I.C. excludes it. It is necessary to harmonize these two regulations. Using the principles of the canon law, especially the principle of the limitation of the natural right to marriage by the law and the principle of harmonization of the actual law and the pre-existent one (C.I.C. can. 21), the author concludes that the regulation by the canon law and the liturgical law are not in contradiction, but they complement each other. Otherwise the author does not hide the problems caused by the actual legislative regulation. The author gives a description of problematic questions: suitability of the license of the marriage of catechumens and of the proceeding according C.I.C. can. 1125 (the mixed marriage), question of necessity of the dispensation of the impediment of disparity of cult in the situation of marriage of a catholic and a catechumen, as well as proposals for their solution - proposals de lege ferenda. For the marriage of a catechumen and a catholic the author prefers the abolition of the impediment of disparity of cult. For the marriage of a catechumen and non-Catholic (both baptized and non-baptized) he prefers the request for permission, which would be very convenient and useful. The realization of these two proposals can be realized either by the particular legislation, or by the specification and the supplement of the universal canon law. If at least one of these proposals would be realized, it ought to change and to supple the forms used in the preparation of marriage.
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