Forma zwyczajna zawarcia małżeństwa kanonicznego

• Authors: Rafał Kamiński

Title variants

EN

The ordinary form of canonical marriage

Abstracts

EN

The marriage consent, which is the causative cause of marriage, in the light of applicable legislation, must be expressed in accordance with the law. The proper way to get married in the Catholic Church is through the ordinary form described in can. 1008-1114 CIC. The instructions contained therein refer to a qualified witness and ordinary witnesses to marry. These are the constitutive elements of this form of canonical marriage, to which the first part of the study was devoted. It is supplemented by considerations on the delegation of authorization to assist in getting marriage. The following section describes the circumstances that necessitate the use of the canonical form and the circumstances justifying the dispensation from the obligation to maintain it. The provisions of positive law regarding form, by regulating this area of matrimonial law, protect marriage not only as a private good, but also as an institution of public good. The canonical form of marriage, which cannot be treated in a broad way, at the same time cannot be just a „formality”, because its meaning in the ecclesial sense is deeper. Established by the church authority, as a requirement ad validitatem matrimonii, it demands a public form for its conclusion, although the doctrine does not lack voices postulating the abolition of the obligatory nature of canonical form, which was also given attention in the article.

Keywords

PL

zwyczajna forma zawarcia małżeństwa; świadek kwalifikowany; świadek zwyczajny; delegacja; dyspensa

EN

ordinary form of marriage; qualified witness; ordinary witness; delegation; dispensation

• Publisher: Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
• Journal: Prawo Kanoniczne
• Year: 2020
• Volume: 63
• Issue: 2
• Pages: 49-89

Dates

published

2020

Contributors

author

Rafał Kamiński

• Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie

Identifiers

DOI

10.21697/pk.2020.63.2.03

Biblioteka Nauki

2086063