| |
CHAPTER IIIPROHIBITING IMPEDIMENTS
| 274 |
|
A public temporary vow of perfect chastity, as long as it obliges, prohibits marriage. |
| 275 |
|
Those who are prevented by the civil law from marrying one another on account of legal relationship arising from adoption (or wardship) are also prohibited by canon law from marrying one another. |
| 276 |
|
Marriage between two baptized persons, one of whom is Catholic, the other not, without prior dispensation of the competent authority, is prohibited. By its nature such a marriage does not allow for the full spiritual communion of the spouses. |
| 277 |
i |
The local Ordinary can dispense from the impediment of mixed religion provided there is a just and reasonable cause, and the conditions found in ii, iii, iv are fulfilled. |
| |
ii |
To obtain a dispensation the Catholic party should declare that he is ready to remove the dangers of losing his faith; he also has a grave obligation to make a sincere promise that he will do all in his power to have all the children baptized and educated in the Catholic Church. |
| |
iii |
The non-Catholic party should be informed in good time of the promises to be made by the Catholic party, so that it is clear that he is truly aware of the Catholic party's promise and obligation. |
| |
iv |
Both parties should be instructed about the aims and essential properties of marriage which they may not exclude from their union. |
| 278 |
|
The Episcopal Conference should determine by a legal decree the manner of making these declarations and promises, which are always required, whether just orally, or in writing or before witnesses. It should also determine the manner in which these statements may be proved in the external forum and how the non-Catholic party is to be informed, and anything else that is to be required in special circumstances. |
| 279 |
|
Let local Ordinaries and other pastors ensure that spiritual help is not wanting to the Catholic party and to children born of a mixed marriage so that they may fulfill their duties of conscience; and let them help the spouses in fostering unity in their married and family life. Hence it is most desirable that these same pastors enter into relations with the ministers of other religious communities, fostering them by sincere uprightness and wise trust. |
| 280 |
|
Let the Episcopal Conferences inform the Holy See about what they have determined in accordance with 278, 319.iii,321.iii concerning mixed marriages. |
| 281 |
|
If anyone has notoriously renounced the Catholic faith, even if he has not joined another Christian community, or if he joins a society condemned by the Church, the parish priest should not assist at his marriage unless the local Ordinary has given him permission, in accordance with the norms of 277, adapted to the situation. |
CHAPTER IV DIRIMENT IMPEDIMENTS
| 282 |
i |
A man who has not completed sixteen years of age, and a woman who has not completed fourteen, can not contract a valid marriage. |
| |
ii |
The Episcopal Conference is free to fix a later age for the celebration of marriage, in accordance with 262-iii. |
| |
iii |
Although a marriage contracted after the stated age is valid, pastors should strive to dissuade youths from marrying before the age customary in the region. |
| 283 |
i |
Coital impotence if antecedent and perpetual, whether on the part of the man or of the woman, whether it be absolute or relative, makes a marriage naturally invalid. |
| |
ii |
If the impediment of impotency is doubtful, whether in law or in fact, the marriage is not to be stopped, nor, while the doubt remains, is it to be declared invalid. |
| |
iii |
Sterility neither prohibits a marriage, nor renders it invalid, except where 300 is verified. |
| 284 |
i |
He who is bound by a previous marriage even though never consummated invalidly attempts another marriage, except where the privilege of faith obtains. |
| |
ii |
Although a previous marriage was invalid or dissolved for some reason, it is not lawful to contract another marriage before having legal and certain proof of the nullity or dissolution of the previous marriage. |
| 285 |
i |
A marriage between two persons, one of whom was baptized in the Catholic Church or received into it and has never formally defected, and the other is not baptized is invalid unless beforehand a dispensation has been obtained from the competent authority. |
| |
ii |
If one person at the time of the marriage was commonly held to be baptized or his baptism was doubtful, the marriage is presumed valid in accordance with 244 until there is certain proof that one person was baptized, and the other not baptized. |
| 286 |
|
What is prescribed in 277-280 ought also be applied to marriages impeded by disparity of cult. |
| 287 |
i |
Those in sacred orders invalidly attempt marriage. |
| |
ii |
Also the married deacons spoken of in 211.i, ii, are not able to contract a new marriage. |
| 288 |
|
Those who have taken a public perpetual vow of chastity invalidly attempt marriage. |
| 289 |
|
There can be no marriage between a man and a woman abducted, or at least detained with a view to marrying, as long as she remains in his power, unless the woman afterwards freely and willingly chooses to marry him. |
| 290 |
|
He who kills his own spouse or the spouse of another for the purpose of marrying this other person, invalidly attempts the marriage. |
| 291 |
i |
In the direct line of consanguinity, a marriage between all forebears and descendents, whether legitimate or not, is invalid. |
| |
ii |
In the collateral line, it is invalid up to and including the fourth grade. |
| |
iii |
The impediment of consanguinity is not multiplied. |
| |
iv |
A marriage is never permitted if there is a doubt about a blood relationship between the persons in any degree of the direct line or in the second degree of the collaternal line. |
| 292 |
i |
Affinity in any degree in the direct line, and up to the second degree in the collaternal line, renders a marriage invalid. |
| |
ii |
The impediment of affinity is not multiplied. |
| 293 |
i |
The impediment of so-called public honesty arises from an invalid marriage after which the parties have lived together, and from notorious or public concubinage, and it prevents a marriage taking place between a man and a relative in the first degree of consanguinity in the direct line, of the woman; and vice versa. |
| |
ii |
The invalid marriage mentioned in also includes a civil marriage which is invalid because of lack of canonical form. |
| 294 |
|
Those who are considered by the civil law as incapable of marrying one another because of legal relationship arising from adoption or wardship are also incapable of marrying by reason of the canon law. |
|