| 328 |
|
A marriage can be contracted at any time of the year, in accordance with the approved liturgical books. |
| 329 |
i |
A marriage between Catholics, or between a Catholic and a baptized non-Catholic, should be celebrated in the parish church; it can be celebrated in another church or an oratory with permission from the local ordinary or the parish priest. |
| |
ii |
The local Ordinary can allow a marriage to be celebrated in a private house or in another suitable place. |
| |
iii |
A marriage between a Catholic and a non-baptized person can be celebrated in a church or another suitable place. |
CHAPTER IX EFFECTS OF MARRIAGE
|
| 330 |
|
From a valid marriage arises a bond between the spouses which of its nature is perpetual and exclusive. A Christian marriage in addition confers a sacramental grace, strengthening and in a way consecrating the spouses for the duties and dignity of their state. |
| 331 |
|
Both partners have equal duties and rights in those matters which concern their fellowship in marriage. |
| 332 |
|
Parents have the most serious and basic right to provide as far as they can for the physical, social, and cultural as well as moral and religious education of their children and to employ the necessary means towards this end. |
| 333 |
|
Children conceived or born from a valid or putative marriage are legitimate. |
| 334 |
i |
The father is he who is indicated by a proper marriage, unless there is clear evidence to the contrary. |
| |
ii |
Children born at least 180 days after the marriage ceremony, or within 300 days from the end of the marriage are presumed legitimate. |
| 335 |
|
Illegitimate children are legitimated by thesubsequent valid or putative marriage of the parents, as well as by a rescript of the Holy Father. |
| 336 |
|
As far as canonical effects are concerned, legitimized childrenare considered as legitimate in all matters, unless there is express provision otherwise in the law. |
CHAPTER X CONJUGAL SEPARATION
Art.1 SOLUTION OF THE BOND
|
| 337 |
|
A marriage which is ratified and consummated can not be dissolved by any human power or for any reason except death.
|
| 338 |
|
A non-consummated marriage between two baptized persons, or between a baptized person and a non-baptized person, can be dissolved by the Roman Pontiff for a just reason, even if one of the personsis unwilling. |
| 339 |
i |
A marriage contracted between two non-baptized persons is dissolved by the Pauline Privilege in favour of the faith of the spouse who has received baptism the moment he enters a new marriage, provided the non-baptized spouse has left, in the sense of 339.ii, 343 and 345. |
| |
ii |
The non-baptized spouse is considered to leave if he is not willing to live in peace with the baptized spouse without contempt of the Creator, unless the latter after baptism gave him a just reason for departing. |
| 340 |
i |
Without prejudice to ii, in order that the baptized spouse can contract a new marriage, the non-baptized spouse ought always to be asked 1) if he himself wishes to be baptized; 2) or at least does he wish to live in peace with the baptized spouse without contempt of the Creator. |
| |
ii |
This enquiry ought to be made after the baptism; but the local Ordinary can for a serious reason allow the question to be put before the baptism, and likewise for a grave reason, he can dispense from the enquiry before or after baptism provided it is clear from at least a summary and informal investigation that this enquiry could not be made or would be useless. |
| 341 |
i |
The enquiry or interpellation should ordinarily be made with the authority of the Ordinary of the baptized person. This same Ordinary should give time to the other party to answer if he asks for it, with the proviso however that when the time given elapses without an answer, he will be considered by his silence to have refused. |
| |
ii |
The enquiry even if privately done by the baptised person is valid and indeed licit also if the form prescribed above can not be followed. |
| |
iii |
In either case there should be legitimate proof in the external forum of the enquiry having being made and of its outcome. |
| 342 |
|
The baptized person has the right to contract anothermarriage 1) if the other person says no to the questions; or 2) if the enquiry has been legitimately omitted; or 3) if the non-baptized person, whether questioned or not, at first persevered in peaceful cohabitation without offence to the Creator, and then left with a just cause, the prescriptions of 340-341 having being observed. |
| 343 |
|
Even when the Pauline privilege is used, the local Ordinary can for a serious reason dispense from the impediments of mixed religion and disparity of cult, observing however the prescriptions of 277-280, and 286. |
| 344 |
i |
A non-baptizcd poison having several wives simultaneously and being converted to the Catholic faith, if it is difficult for him to stay with his first wife, may keep one of the others, sending the rest away. After baptism he is to renew his matrimonial consent with this person, obtaining when necessary a dispensation from the impediment of mixed religion or disparity of cult, and observing whatever else is prescribed by the law. If these conditionsare not verified, recourse must be had to the Holy See for individual cases. |
| |
ii |
The Ordinary, keeping in mind the moral, social and economical conditions of the place and of the persons concerned, should see to it that proper provision is made, in accordance with justice, Christian charity and equity, for the needs of the first wife and the others who are sent away. |
| 345 |
|
When there is a doubt, the law favours the privilege of faith. |
| 346. |
i |
A marriage in which one person at least has not been(new)baptized can be dissolved by the Roman Pontiff in favour of the faith, provided the marriage has not been consummated after both parties have been baptized. |
| |
ii |
In order that a dissolution of such a marriage in favour of faith be validly granted, it is necessary 1) that the other spouse remains unbaptized during the whole of their married life together; 2) or if perchance was baptized, that their marriage was never consummated after this baptism; and 3) that if the person with whom the new marriage is contracted is not baptized or baptized outside the Catholic Church, he should leave the Catholic party the freedom and the facility to practice his own religion, and to have the children baptized and educated in the Catholic Church. Assurance about 3) is to be given by a formal promise. |
Art. 2 SEPARATION WITHOUT DISSOLUTION
|
| 347 |
|
Spouses have (he duty and the right to live together in married life unless excused by a legitimate reason. |
| 348 |
i |
348When one person has committed adultery, the other has to right to refuse to live together (although the bond remains), unless he has consented to the adultery, or given cause for it, or has either expressly or tacitly condoned it, or has himself committed adultery. |
| |
ii |
There is tacit condonation (or forgiveness) if the innocent spouse after being informed of the adultery has affectionate marital relations with the other partner; condonation is presumed however if the innocent party continues to live for six months with the other spouse without recurring to the Church or civil authorities. |
| |
iii |
If the innocent spouse of his or her own accord breaks off conjugal relations, he or her should within six months bring the case for separation to the competent authority who will decide, after considering all the circumstances, whether the separation can be prolonged either temporarily or perpetually. |
| 349. |
|
It is praise worthly for the innocent spouse to allow the other to resume married life in common; in which case, he renounces his right to separate. |
| 350 |
i |
If one or other of the spouses makes life too difficult or dangerous either to the other spouse or to the children, he thereby gives the innocent spouse a legitimate cause for leaving him, with the permission of the local Ordinary, or independently if there is a danger in delay. |
| |
ii |
It pertains to the Episcopal Conference to determine the reasons for conjugal separation, taking into consideration the customs of the people and the local circumstances. |
| |
iii |
In all cases, when the reason for separating ceases, common life should be resumed (unless it is otherwise determined in the decree of separation). |
| 351 |
|
After the separation of husband and wife, suitable care should always be taken of the education of the children, both Catholic and civil. |
CHAPTER XI CONVALIUATION OF MARRIAGE
Art. I SIMPLE CONVALIDATION
|
| 352 |
|
.In order to convalidate a marriage which is null because of a diriment impediment, it is necessary that the impediment should cease to exist, or be dispensed from and thatat least the party aware of the impediment should renewhis consent to the marriage. |
| |
ii |
This renewal of consent is required by ecclesiastical law for the validity of the convalidation, even if both parties atthe beginning gave a true consent and never revoked it. |
| 353. |
|
The renewal of consent should be a new act of the will consenting to the marriage, which the renewer knows or thinks was invalid from the beginning. |
| 354 |
i |
If the impediment is public, both parties should renew their consent in the canonical form, without prejudice to 319.iii. |
| |
ii |
If the impediment can not be proved, a private and secret renewal of consent by (he person aware of the impediment is sufficient provided the other continues in hisconsent, or by both persons if the impedimentum is known lo both. |
| 355 |
i |
A marriage invalid through lack of consent is convalidated if the person who did not consent, now gives consent, provided the consent given by the other spouse continues. |
| |
ii |
If the defect in consent can not be proved, it is sufficient for the person who did not consent to give his consent privately and secretly. |
| |
iiii |
If the defect in consent can be proved, it is necessary that the consent should be given in the canonical form. |
| 356 |
|
A marriage which is invalid because of a defect in the form, must be contracted again in the legitimate form in order to be valid, 319-iii however remaining in force.
|
Art.2 SANATIO IN RADICE (RADICAL HEALING)
|
| 357 |
i |
The "radical healing" of an invalid marriage is its convalidation by the competent authority, carrying with it a dispensation from the law concerning renewal of consent, described in 352-256, and a dispensation from any impediment that may exist, and also making the canonical effects of the marriage retroactive to the past. |
| |
ii |
The convalidation is made from the moment the favour is granted; the retroaction is understood to go back to the moment the marriage was celebrated unless it is expressly stated otherwise. |
| 358.(new) |
|
If the consent of one or both of the persons is lacking, there can not be a "radical healing" of the marriage, nomatter whether the consent was absent from the beginning,or having been given in the beginning Was afterwards revoked. |
| (new) |
ii |
If the consent was lacking in the beginning but afterwards was given, the "healing" can be given from the moment the consent was given. |
| 359.(new) |
|
A marriage which is invalid because of a diriment impediment or a defect in the legal formalities can be "healed" provided the consent of both persons continues to exist. |
| |
ii |
A marriage which is invalid because of an impediment arising from the natural law or divine positive law can not be "Healed" except after the impediment has ceased. |
| 360. |
|
A "healing" can be validly granted even without the knowledge of one or both persons. It should not be granted without a serious reason and unless there are good grounds for thinking that the persons want to persevere in their marriage together. |
| 361 |
i |
A "radical healing" can be granted by the Apostolic See. |
| |
ii |
It can also be granted by a diocesan Bishop and his equals in law for individual cases, even though there are several grounds for the invalidity of the same marriage, provided however the conditions in 277 are observedconcerning the sanatio of a marriage defective because of the impediment of mixed religion or disparity of cult. But the diocesan Bishop and his equals in law cannot grant this sanatio whenever there is an impediment whose dispensation is reserved to the Holy See in accordance with 266.ii, or whenever there is question of an impediment of the natural law or of divine positive law which has ceased. |