Ratum sed non consummatum
Part of a series on the |
Canon law of the Catholic Church |
---|
Catholicism portal |
The term ratum sed non consummatum (
History
Two different theories of marriage were in vogue for some time in the schools of canonical jurists. For
1917 Code of Canon Law
Canon 1119 of the 1917 Code of Canon Law[6] stipulated two cases in which a marriage ratum sed non consummatum may be dissolved,[7] namely, (1) if one of the parties takes solemn vows in a religious order[8] or (2) a dispensation is issued by the Holy See.[9]
Dissolution by solemn religious profession
That solemn religious profession dissolves a merely ratified marriage was authoritatively declared by
Current discipline under the 1983 Code
Under the 1983 Code of Canon Law, the discipline of 1917 has been changed; a marriage ratum sed non consummatum can now be dissolved only by a dispensation from the pope or his delegate.[11] The pope has delegated competency for granting such dispensations to the Tribunal of the Roman Rota, one of the ordinary tribunals of the Apostolic See.
Competency for granting dispensation
The administrative process for granting the favor of a dispensation from a marriage ratum et non consummatum was formerly the exclusive competence of the Congregation for Divine Worship and the Discipline of the Sacraments
Dispensation vis-à-vis Declaration of Nullity
The favor of dispensation from a marriage ratum sed non consumatum is an inherently administrative procedure, while the process for obtaining a
See also
References
- ^ Quaerit semper Latin original, accessed 18 September 2018
- ^ MP Quaerit semper, Vatican.va, accessed 7-7-2014
- ^ Code of Canon Law Annotated, pg. 1327 (commentary on canon 1698)
- ^ Arynhac, Marriage Legislation, §187. Cf. Gasparri, n. 770; De Smet, n. 59.)
- ^ Petrovits, New Church Law §547.
- ^ Arynhac, Marriage Legislation, pg. 284.
- ^ Petrovits, New Church Law, §547.
- ^ Petrovits, New Church Law, §286.
- ^ forgottonbooks.com, accessed 7-7-2014; Association, Polish Lawyers'. (2013). pp. 156-7. Studies in Polish and Comparative Law: A Symposium of Twelve Articles. London: Forgotten Books. (Original work published 1945)
- ^ Arynhac, Marriage Legislation, §293
- ^ Code of Canon Law, canon 1698 §2
- ^ Code of Canon Law Annotated, pg. 1327 (commentary on canon 1698)
- ^ MP Quaerit semper, Art. 4, Vatican.va, accessed 15 July 2014
- ^ MP Quaerit semper, Articles 1 & 2, Vatican.va, accessed 15 July 2014
- ^ Code of Canon Law Annotated, pg. 1326 (commentary on Book VII, Part III, Title I, Chapter III)
Bibliography
- Ayrinhac, Very Rev. H.A., S.S., D.D., D.C.L., Marriage Legislation in the New Code of Canon Law (New York: Benziger Brothers, 1918).
- Caparros, Ernest, Michel Thériault, Jean Thorn, and Hélène Aubé, Code of Canon Law Annotated: Prepared under the Responsibility of the Instituto Martín De Azpilcueta, Montréal: Wilson & Lafleur/Midwest Theological Forum, 2004.
- De Smet, Betrothment and Marriage (Bruges: 1912).
- Gasparri, Petrus, Tractatus Canonicus de Matrimonio (Paris, 1891).
- Petrovits, Rev. Joseph J. C., I.C.D., S.T.D. The New Church Law on Matrimony: Second Amplified and Revised Edition (Philadelphia: John Joseph McVey, 1926).