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Catholic Code of Canon Law |
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Book IV. Function of the Church. |
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Part I. The Sacraments.
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Title VII. Marriage. (Canons 1055 - 1165)
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Chapter III. Specific Diriment Impediments. [Definition of diriment impediment: a disability that makes void a marriage contracted even with the required legal solemnities.]
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Canon 1083.
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§1. A man before he has completed his sixteenth year of age and a woman before she has completed her fourteenth year of age cannot enter into a valid marriage.
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§2. The conference of bishops is free to establish a higher age for the licit celebration of marriage.
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Canon 1084.
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§1. Antecedent and perpetual impotence to have intercourse, whether on the part of the man or the woman, whether absolute or relative, nullifies marriage by its very nature.
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§2. If the impediment of impotence is doubtful, whether by a doubt about the law or a doubt about a fact, a marriage must not be impeded nor, while the doubt remains, declared null.
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§3. Sterility neither prohibits nor nullifies marriage, without prejudice to the prescript of Canon 1098.
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Canon 1085.
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§1. A person bound by the bond of a prior marriage, even if it was not consummated, invalidly attempts marriage.
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§2. Even if the prior marriage is invalid or dissolved for any reason, it is not on that account permitted to contract another before the nullity or dissolution of the prior marriage is established legitimately and certainly.
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Canon 1086.
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§1. A marriage between two persons, one of whom has been baptized in the Catholic Church or received into it and has not defected from it by a formal act and the other of whom is not baptized, is invalid.
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§2. A person is not to be dispensed from this impediment unless the conditions mentioned in Canons 1125 and 1126 have been fulfilled.
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§3. If at the time the marriage was contracted one party was commonly held to have been baptized or the baptism was doubtful, the validity of the marriage must be presumed according to the norm of Canon 1060 until it is proven with certainty that one party was baptized but the other was not.
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Canon 1087. Those in sacred orders invalidly attempt marriage.
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Canon 1088. Those bound by a public perpetual vow of chastity in a religious institute invalidly attempt marriage.
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Canon 1089. No marriage can exist between a man and a woman who has been abducted or at least detained with a view of contracting marriage with her unless the woman chooses marriage of her own accord after she has been separated from the captor and established in a safe and free place.
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Canon 1090.
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§1. Anyone who with a view to entering marriage with a certain person has brought about the death of that person’s spouse or of one’s own spouse invalidly attempts this marriage.
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§2. Those who have brought about the death of a spouse by mutual physical or moral cooperation also invalidly attempt a marriage together.
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Canon 1091.
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§1. In the direct line of consanguinity marriage is invalid between all ancestors and descendants, both legitimate and natural.
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§2. In the collateral line marriage is invalid up to and including the fourth degree.
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§3. The impediment of consanguinity is not multiplied.
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§4. A marriage is never permitted if doubt exists whether the partners are related by consanguinity in any degree of the direct line or in the second degree of the collateral line.
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Canon 1092. Affinity in the direct line in any degree invalidates a marriage.
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Canon 1093. The impediment of public propriety arises from an invalid marriage after the establishment of common life or from notorious or public concubinage. It nullifies marriage in the first degree of the direct line between the man and the blood relatives of the woman, and vice versa.
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Canon 1094. Those who are related in the direct line or in the second degree of the collateral line by a legal relationship arising from adoption cannot contract marriage together validly.
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Chapter IV. Matrimonial Consent.
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Canon 1095. The following are incapable of contracting marriage:
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- those who lack the sufficient use of reason [extremely stupid];
- those who suffer from a grave defect of discretion of judgment concerning the essential matrimonial rights and duties mutually to be handed over and accepted [extremely immature];
- those who are not able to assume the essential obligations of marriage for causes of a psychic nature [extremely crazy; bracketed glosses are the author's own].
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Canon 1096.
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§1. For matrimonial consent to exist, the contracting parties must be at least not ignorant that marriage is a permanent partnership between a man and a woman ordered to the procreation of offspring by means of some sexual cooperation.
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§2. This ignorance is not presumed after puberty.
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Canon 1097.
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§1. Error concerning the person renders a marriage invalid.
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§2. Error concerning a quality of the person does not render a marriage invalid even if it is the cause for the contract, unless this quality is directly and principally intended.
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Canon 1098. A person contracts invalidly who enters into a marriage deceived by malice, perpetrated to obtain consent, concerning some quality of the other partner which by its very nature can gravely disturb the partnership of conjugal life.
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Canon 1099. Error concerning the unity or indissolubility or sacramental dignity of marriage does not vitiate matrimonial consent provided that it does not determine the will.
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Canon 1100. The knowledge or opinion of the nullity of a marriage does not necessarily exclude matrimonial consent.
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Canon 1101.
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§1. The internal consent of the mind is presumed to conform to the words and signs used in celebrating the marriage.
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§2. If, however, either or both of the parties by a positive act of the will exclude marriage itself, some essential element of marriage, or some essential property of marriage, the party contracts invalidly.
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Canon 1102.
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§1. A marriage subject to a condition about the future cannot be contracted validly.
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§2. A marriage entered into subject to a condition about the past or the present is valid or not insofar as that which is subject to the condition exists or not.
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§3. The condition mentioned in §2, however, cannot be placed licitly without the written permission of the local ordinary.
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Canon 1103. A marriage is invalid if entered into because of force or grave fear from without, even if unintentionally inflicted, so that a person is compelled to choose marriage in order to be free from it.
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Canon 1104.
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§1. To contract a marriage validly the contracting parties must be present together, either in person or by proxy.
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§2. Those being married are to express matrimonial consent in words or, if they cannot speak, through equivalent signs.
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Canon 1105.
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§1. To enter into a marriage validly by proxy it is required that:
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- there is a special mandate to contract with a specific person;
- the proxy is designated by the one mandating and fulfills this function personally.
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§2. To be valid the mandate must be signed by the one mandating and by the pastor or ordinary of the place where the mandate is given, or by a priest delegated by either of them, or at least by two witnesses, or it must be made by means of a document which is authentic according to the norm of civil law.
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§3. If the one mandating cannot write, this is to be noted in the mandate itself and another witness is to be added who also signs the document; otherwise, the mandate is invalid.
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§4. If the one mandating revokes the mandate or develops amentia before the proxy contracts in his or her name, the marriage is invalid even if the proxy or the other contracting party does not know this.
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Canon 1106. A marriage can be contracted through an interpreter; the pastor is not to assist at it, however, unless he is certain of the trustworthiness of the interpreter.
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Canon 1107. Even if a marriage was entered into invalidly by reason of an impediment or a defect of form, the consent given is presumed to persist until its revocation is established.
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Book VII. Processes. |
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Part III. Certain Special Processes.
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Title I. Marriage Processes. (Canons 1671 - 1707)
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Chapter I. Cases to declare the Nullity of Marriage
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Article 1. The Competent Forum.
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Article 2. The Right to Challenge a Marriage.
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Article 3. The Duty of the Judges.
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Article 4. Proofs.
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Article5. The Sentence and the Appeal.
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Article 6. The Documentary Process.
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Article 7. General Norms.
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