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Ius Matrimoniale
|
2014
|
vol. 25
|
issue 3
5-17
EN
According to can. 1085 § 1 Code of Canon Law “A person bound by the bond of a prior marriage, even if it was not consummated, invalidly attempts marriage”. Establish the existence of impediment to the marriage bond, however, requires knowledge of not only the doctrine, but appropriate rules proceedings. The presented study is an analysis of impediment to the marriage bond, made on the basis of the case file for nullity of marriage, which was considered one of the ecclesiastical tribunals in Poland. The foundation of the considerations is the declaration of the Apostolic Signatura dated June 18, 1987, where was defined the manner of proceeding reported in declaring the nullity of marriages successively entered. It is a response to the complaints received this Supreme Tribunal concerning the inappropriate manner of proceeding in the case of declaring the nullity of many marriages which have been successively entered into by the same person.
EN
The paper discusses the obstacles existing in both secular law and practice of the Church, in the time of St. Gregory the Great, for joining the monastery by people performing the military service or bound in marriage. Subsequently, the paper indicates higher requirements, compared with secular law, imposed by the pope on people wanting to join the monastery but bound by marriage.
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