Circumstances Excluding the Conclusion of Marriage in the 1983 Code of Canon Law Cover Image

Okoliczności wyłączające zawarcie małżeństwa w Kodeksie Prawa Kanoniczego z 1983 roku
Circumstances Excluding the Conclusion of Marriage in the 1983 Code of Canon Law

Author(s): Monika Frąszczak
Subject(s): Law, Constitution, Jurisprudence, Canon Law / Church Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: marriage impediments; marriage contract; matrimonial law; canon law; canonical marriage

Summary/Abstract: The 1983 Code of Canon Law establishes circumstances that preclude marriage, also referred to as marital impediments. The existence of marital impediments is intended to legally protect the institution of marriage, not to limit the right to marry. The catalog of these circumstances includes 12 marriage impediments: the impediment of age, impotence, the marriage tie, difference of religions, holy orders, public eternal vow of purity, abduction, spousal suicide, consanguinity, affinity, public decency, and legal kinship. These impediments are distinguished by their source, scope, duration, time of origin, degree of certainty, and dispensability. This article presents not only the individual impediments, but also defines the concept of impediment and their typology.

  • Issue Year: 10/2021
  • Issue No: 2
  • Page Range: 167-180
  • Page Count: 14
  • Language: Polish