• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Describe the nature, qualities and essential object of matrimonial consent according to Canon law and Canonical Doctrine. Comment on the required capacity of the parties to give a valid consent.

Extracts from this document...

Introduction

Canon 1057.1 of the Code of Canon Law states, "A marriage is brought by into being by the lawfully manifested consent of persons who are legally capable this consent cannot be supplied by any human power" a) Describe the nature, qualities and essential object of matrimonial consent according to Canon law and Canonical Doctrine b) Comment on the required capacity of the parties to give a valid consent. Canon 1057.2 defines what matrimonial consent is, an act of will by which a man and a woman by an irrevocable covenant mutually give and accept one another for the purpose of establishing a marriage. Natural capacity, capacitas, is the capacity of the parties to posit a human act. So the consent must be from both parties and it must be an act of will. Consent cannot be feigned. It has to be deliberate and free, a deliberate act, which is a result of a series of internal acts to thought. It has to be free as well, meaning not forced upon the parties. A marriage is brought into being by the lawfully manifested consent of persons who are legally capable. This consent cannot be supplied by any human power.(Canon 1057.1) It has to be externally manifested: society needs to know. Consent must be mutual. In Gaudium et spes (par.48) one finds, "The intimate partnership of married life and love has been established by the Creator and qualified by His laws. It is rooted in the conjugal covenant of irrevocable personal consent". Marriage is not something that was invented by man, but is a natural right derived from natural law. ...read more.

Middle

What is one to understand by lack of discretion of judgement? Our Marriage act contains a similar provision to this Canon, "A marriage shall be void if the consent of either of the parties is vitiated by a serious defect of discretion of judgment on the matrimonial life, or on its essential rights and duties... 5 We could perhaps reach a better understanding of the phrase discretion of judgment by looking at the way it has been interpreted in our Civil Courts: It seems that the discretion of judgment or maturity of judgment can be lacking if any one of the following three conditions or hypothesis are verified: 1. when sufficient intellectual knowledge of the object of consent to be given in entering marriage is lacking 2. when the contracting party ahs not yet reached a sufficient amount of reflection that is proportionate to the conjugal affair, that us a critical reflection apt for the nuptial 3. or finally when either party contracting marriage is deprived of internal freedom, that is, that the capacity to deliberate with sufficient weighing of the motives and, on the part of the will, freedom from all force from within 6. This demonstrates that the notion of discretion of judgment is not as such concerned with the intellectual capacity of the individual but rather with the use of such intellectual capacity in a practical way. The grounds for lack of due discretion...concern the presence or absence of that critical or judgemental faculty which continuing Rotal jurisprudence had seen as necessary for a person to give valid consent, in a meaningful way, to marriage. ...read more.

Conclusion

Conclusion Albeit any person can take part in a wedding ceremony, a person must have the capacity to marry for that marriage to be valid. Though having the proper intentions is also required, that is not enough. As Fr. Ladislaus Orsy puts it: A person intending to marry must have the capacity to think rationally, to decide responsibly, and to carry out the decision by action. This capacity must be present at the moment of the exchange of the promises (consent). If the validity of the promises (consent) is ever doubted, all that has happened before and all that has followed later can only serve as signs to determine the precise spirit of the person at the moment of the exchange of the promise (consent) 12. 1 Familiaris Consortio 12 2 Viladrich, PJ 'Matrimonial Consent in Code of Canon Law' (Montreal 1993 pg. 687) 3 St. Thomas Summa theol., Suppl., q. 58, art. 1, in corp. 4 Forum. Vol. I. pt.I p.20 5 Marriage Act, chapter 255. Section 19. 1d 6 Portelli vs. Portelli 14th August 1995 7 Ecclesiastical Tribunal of Westminster London, 30th January 1975 (reported in Matrimonial Decisions for England and Wales; coram Ashdowne; pg: 204-206) 8 Bersini F. 'Il Diritto Canonicale Matrimoniale', Elle Di Ci, Torino 1994, pg 99 9 Bersini F. 'Il Diritto Canonicale Matrimoniale', Elle Di Ci Torino 1994, pg 117 10 M.F. Pompedda, Incapacity to assume, cit. In Sable, p.197 11 M.F. Pompedda, Incapacity to assume, cit. In Sable, p.197 12 ANNULMENT Do you have a case? Terence E. Tierney by Joesph J. Campo 1998 , JCL University of Malta Aloysius Bianchi 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Reviews of Personal Performances section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Reviews of Personal Performances essays

  1. There are many qualities needed in the public services some of which are; personal ...

    All of these qualities are absolutely vital in the police service. To be a good police officer you need to have all these qualities and you also need to understand authority. With authority there are several different types. The different types of authority are Authoritarian, Dictatorial, consultative and also participative.

  2. "Explain the meaning of authority in relation to the public services"Authority:This can be defined ...

    The main complaints handled by the PCA are the following: ? Assault when under arrest ? Neglect of duty ? Breaches of Police and Criminal Evidence Act codes Once a complaint is put across to the PCA, a member is to look at the case and investigate whether the officer which would have been chosen by the Police Force.

  1. Rwanda Evaluation

    We did the same with newspaper editors, because there was not enough media coverage during the Genocide, and started off with the same argument, that it could be a story, but not enough people would want to read about it.

  2. Year 11 Portfolio on Homelessness

    Of course, you hear about such things on the news, reading the article, and knowing that it was a true story, really made me feel for these people. It also helped me to understand the hardships that they face every day.

  1. The Police Force in N.S.W must have sufficient powers so that they are able ...

    This also applies to people entering the targeted lock down area as well. No reasonable suspicion or cause is required for these searches to be conducted. Also persons if asked must give personal details along with proof of id so that there identity can be verified.

  2. Assume that a patient is terminally ill, and has given consent for the physician ...

    Even more importantly, there is always the chance the doctor makes a mistake. A person could very easily ask well what if the person has a terminally ill disease, and has been suffering for years and it has gotten to the point where they feel as if there is no point in living.

  1. Philip Pullman's novel, Northern LightsThe bond between human and daemon offers to each, reciprocal ...

    While Mrs Coulter is calmly arranging flowers, looking very civilised, her d�mon is doing the absolute opposite, showing brutal force. The monkey pins Pantalaimon to the floor and 'with one fierce black paw around his throat and his black

  2. We had to create a tableaux image of the four strong words in the ...

    quite happily enjoying bouncing along, I was left alone but this time lonely and sad. This tainted memory of being left on your own while the other children go off and play somewhere else could have a big affect on later life.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work