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PRÁVNÍ A PASTORAČNÍ ASPEKTY VZTAHU PRÁVA NA SVÁTOSTI A PRÁVA NA MANŽELSTVÍ

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Kolářová M.
Studia theologica
|
2011
|
vol. 13
|
issue 4
83–97
EN
The right to the sacraments ranks among the fundamental rights of the Christian faithful. The obligation to be properly disposed for receiving the sacraments is inseparably connected with this right, and thus Catholic ministers are justified in insisting on this disposition. The responsibility for the sacramental preparation is the duty of the one who requests the sacrament and at the same time of the sacred pastors, who have an obligation to take care of the promotion of the faith. A marriage between baptized spouses, which is one of the natural rights, has the dignity of a sacrament. General norms concerning the requirements for the preparation of the persons seeking a sacrament should be applied in an appropriate manner on baptized spouses intending to enter into the sacrament of marriage. With regard to their diction, it appears clear that these norms pertain to the pastoral care and to the preparation for marriage. At the beginning of this year, Benedict XVI reminded members of the Roman Rota of the importance of the preparation for marriage. The immediate objective of such preparation is to promote awareness of the celebration of an authentic marriage.
2
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PORADNÍ HLAS PŘI ROZHODOVÁNÍ V CÍRKVI

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Kolářová M.
Studia theologica
|
2011
|
vol. 13
|
issue 2
59-71
EN
The Church is a society with a hierarchical structure in the same fashion as the community of the people of God. In this context, the roles of the consultative vote and the deliberative vote in the course of acts of a superior have to be understood, particularly in the light of the teachings of the Second Vatican Council regarding the Church as the community of the people of God. The law grants that this right be consulted in a double manner. The first one is the obligation of a superior to hear (audire) individuals or group of persons, the second one is the right of individuals or a group of persons to express a consultative vote (consilium). A superior is not duty bound to act according to the counsel, but the law does enact conditions for an action contrary to the advice given. The interpretation of these conditions does not have to be formal, but does have a respect for the theological dimension. A rightful decision cannot be reached without respect for the meaning and the purpose of the law.
3
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PODMÍNKY VYLOUČENÍ SVÁTOSTNÉ DŮSTOJNOSTI MANŽELSTVÍ

100%
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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