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  1. 2 Studia theologica

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  1. 2 Kolářová M.

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  2. 1 2009

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Právní a pastorační aspekty formálního odpadu od katolické církve

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Kolářová M.
Studia theologica
|
2009
|
vol. 11
|
issue 3
77-87
EN
This article deals with the statement of Pontifical council for legislative texts in the case of the essentials for leaving the Church by a formal act. Not all such acts of defections should be interpreted as a true and willful separation from the Church (e.g .just to escape the obligation to pay the church tax most likely is not an act of reneging of the doctrinal teaching). Therefore the reason of defection from the Church has always to be examined. The point has close connection with marriage law by reason that a fallen away Catholic does not need to observe the canonical form of marriage. In the cases of the declaration of the nullity of marriage, it is necessary to examine, whether or not there is a true separation from the Church. The attitude of German bishops, according to which all the fallen away Catholics incur ipso facto an excommunication, contradicts the statement of the Pontifical council. Excommunication cannot be imposed validly for refusal to pay the church tax. The author is suggesting necessary changes of the relevant prescripts of the Codex and issuing new corrected proceeding how to treat Catholics who had fallen away from the Church.
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PODMÍNKY VYLOUČENÍ SVÁTOSTNÉ DŮSTOJNOSTI MANŽELSTVÍ

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Kolářová M.
Studia theologica
|
2010
|
vol. 12
|
issue 4
83-94
EN
According to the teaching of our church, a matrimonial contract between baptized persons cannot validly exist without a church-sanctioned sacrament. If the spouses do not want to receive sacramentality, they cannot validly contract marriage. According to one part of canonists, the refusal of sacramental dignity necessary leads to non-existence of marriage itself – better no marriage if no sacrament. The second part of canonists maintains that spouses are allowed to exclude only the church-sanctioned sacrament in the same way as another essential element or essential property. This article is focused on the question how to view a situation when baptized but otherwise infidel persons exclude the church-sanctioned sacrament and what the will and the recognition of such persons should contain. Spouses as the ministers of the sacrament must have the intention of doing what the church does. Hence it is impossible to contract a marriage in the church without this intention. In the case of perhaps just negligent spouses, it is important to recognize their actual intention and to take into consideration the good of the spouses.
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