作者：Martin, Mary Louise 年份：1977
A FINAL DRAFT OF THE PROPOSED NEW CANON LAWON MARRIAGE
Introductory:
Chapter 1: Marriage Preliminaries.
Chapter 2: Concerning Impediments in General.
Chapter 3: Prohibiting Impediments.
Chapter 4: Diriment Impediments.
Chapter 5: Matrimonial Consent.
Chapter 6: The Form For The Celebration Of Marriage
Chapter 7: Celebration of Secret Marriages.
Chapter 8: Time and Place of Celebration.
Chapter 9: Effects of Marriage.
Chapter 10: Conjugal Separation.
Chapter 11: Convalidation of Marriage.
TITULUS VII
ON MARRIAGE
242. i Christ Our Lord has raised the marriage contract between baptized persons to the dignity of a sacrament.
ii Hence there can not be a valid marriage contract between baptized persons which is not a sacrament.
234 i Marriage, made by mutual consent as described in 295sq., is the intimate sharing of their whole life by a man, and a woman which by its very nature leads them towards the procreation and education of children.
ii The essential properties of marriage are its unity and indissolubility, which in a Christian marriage have a special strength by reason of the sacrament.
244 Marriage is favoured by the law; hence in a case of doubt, the validity of a marriage is to be upheld until the opposite is proved (except in the case of 345).
245 i Any valid marriage is called legitimate.
ii A valid marriage between baptized persons is called ratified if it has not been completed by consummation; it is called ratified and consummated if the husband and wife have had sexual intercourse by an act suited of itself for procreation, towards which marriage of its nature leads, and by which the two are made one flesh.
iii If the husband and wife live together after the marriage has been celebrated, consummation is presumed, unless the opposite is proved.
iv Any invalid marriage is called putative if it has been celebrated in good faith by at least one of the parties, until such time as both are aware of its nullity.
246 Marriage since it is the principle and foundation of human association also concerns civil society. Since however a marriage between baptized persons is one of the sacraments of the New Law, Christ has entrusted to his Church the discipline and care of this sacrament as regards its integrity and holiness. The marriage of baptized persons, even when only one is baptized, is governed not only by divine but also by canon law, leaving however to the civil authorities the competence to deal with the merely civil effects of such a marriage.
247 i A promise to marry, whether unilateral or bilateral, or engagements to marry are governed by local law which will be determined by the Episcopal Conference, after taking into consideration the local customs and civil law, if such exist.
ii The promise to marry does not give anyone the right to demand the celebration of the marriage; it does however give the right to claim compensation for any loss incurred.
248 Pastors are bound by their office to fulfill their duty of giving catechetical instruction about the sacrament of marriage, in accordance with the norms established by the ecclesiastical authorities.
CHAPTER I MARRIAGE PRELIMINARIES
249 i In accordance with the needs of the time and the place, pastors should use suitable means to ward off all dangers of invalid and unlawful marriages being celebrated. Hence it should be established before a marriage is celebrated that there is no obstacle to a valid and lawful celebration.
ii When there is danger of death, or an urgent case for the celebration of the marriage, if other proofs can not be had, the statement of the parties concerned, under oath if necessary, that they are baptized and that they are not bound by any impediment, is sufficient unless there are indications to the contrary.
250 Let the Episcopal Conferences determine norms for the prenuptial enquiry, the publication of the banns, and other suitable means of investigation to be made before the marriage takes place; and after these have been carefully observed, the parish priest may proceed to assist at the marriage.
251 Let Catholics who have not received the sacrament of Confirmation be confirmed before their marriage if they can do so without serious inconvenience.
252 All the faithful are obliged to reveal the existence of impediments known to them to the parish priest or the Ordinary before the celebration of the marriage.
253 i One's own Ordinary in his own prudence and for a just and reasonable cause can dispense from the publication of the banns even in another diocese.
ii If one has several Ordinaries, the dispensation pertains to him in whose diocese the marriage is celebrated; but if the marriage is celebrated outside one's own dioceses, any of the above Ordinaries can dispense.
254 If anyone other than the parish priest who should witness to the marriage has made the pre-nuptial enquiries, he should let this parish priest know the results as soon as possible and by an authentic document.
255 Except in case of necessity, the parish priest should not assist at the marriage of vagrants before bringing the case to the Ordinary of the place, and obtaining his permission.
256(NEW) Let the parish priest proceed in the same way as in 255 when there is question of a marriage between two persons who during a previous marriage committed adultery between themselves, and contracted a civil marriage.
257 i Let the Parish priest (each the engaged couple according to their different situation about the sanctity of marriage, their mutual obligations to one another and the obligations of parents to their children.
ii The parish priest should take care to prepare the celebration of the marriage in such a way that its sacramental dignity is brought to light and the parties and others assisting take an active part in the sacred rite.
258 Let the parish priest warn minors not to contract marriage without the knowledge of their parents, or when they are reasonably opposed. If they refuse to accept this this advice, he should not assist at their marriage without prior consultation with the Ordinary of the place.
CHAPTER II IMPEDIMENTS IN GENERAL
259 All can marry who are not prohibited by the law.
260 i A prohibiting impediment means that it is seriously forbidden to contract the marriage, but that if nevertheless it is contracted, the marriage is not thereby rendered invalid.
ii A diriment impediment both forbids the celebration of the marriage, and also prevents it from being validly contracted.
iii All impediment even if it binds only one of the parties, makes the marriage illicit or invalid.
261 An impediment is public when it can be proved in the external forum; otherwise it is secret.
262 i It pertains solely lo the supreme authority in the Church to stateauthentically when divine law forbids or nullifies a marriage.
ii The same supreme authority has the right (privative) to, determine other impediments either prohibiting or diriment for baptized persons, without detriment to iii.
iii Episcopal Conferences in particular circumstances can set up particular impediments, either prohibiting or diriment, by a decree published in accordance with the law.
263 Only those who were baptized into or received into the (new)Catholic Church and have not formally defected are bound by purely ecclesiastical impediments.
264(new) Only the supreme authority in the Church can abrogate in whole or in part the impediments of ecclesiastical law, Episcopal Conferences however retaining the right to abrogate impediments set up by themselves.
265 i The Ordinary of the place can forbid persons living in his diocese or even his subjects living outside his territory to get married in a particular case, but only for a time and while a grave reason exists.
ii Only the supreme authority in the Church can add a nullifying clause to this prohibition.
266 i The local Ordinary can dispense his own subjects wherever they are staying and all those actually living in his territory from all impediments of ecclesiastical law, with the exception of those whose dispensation is reserved to the Holy See.
ii The impediments from which dispensation is reserved to the Holy See are: ─
1)The impediment of age, as often as the lack of the required age exceeds one year;
2)The impediment arising from sacred orders or from perpetual profession in an institute of consecrated life;
3)The impediment of crime as described in 290;
4)The impediment of consanguinity in the collateral line up to the third degree, with the caution however that a dispensation from consanguinity in the direct line is not given;
5)The impediment arising from affinity in the direct line.
267 A custom introducing a new impediment or contrary toexiling impediments stands condemned.
268 In danger of death, the local Ordinary can for conscience sake and, if necessary to legitimise children, dispense his own subjects wherever they may be and all those actually living in his territory from the canonical form and from all ecclesiastical impediments, public or secret, provided he guards against scandal.
269 i In the same circumstances as in 268 but only for cases where the even the local Ordinary can not be approached, the parish priest, or a sacred minister properly delegated, or a person properly delegated in accordance with 318, iii, either priest or deacon, to assist at the marriage has the same power to dispense. Likewise a confessor if it concerns a secret case, for the internal forum but outside the act of sacramental confessio.
ii In the case above in i, the local Ordinary is considered not to be available if he can only be reached by telephone or by telegraph.
270 i The local Ordinary under the conditions stated at the end of 268.i can dispense from all the impediments mentioned in 268 whenever an impediment is discovered or brought to the notice of the Ordinary or the parish priest at a time when all the preparations for the marriage have been made and the marriage can not be postponed without probable danger of serious harm while the matter is being referred to the Holy See.
ii This power can also be used to convalidate a marriage if there is the same danger in delay and there is not time to recur to the Holy See, or to the Ordinary in cases where he can dispense from the impediments.
iii In the same circumstances, all those mentioned in.269,i have the same powers subject to the same conditions, but only if the case is by its nature or in fact secret and recourse can not be had even to the local Ordinary in accordance with 269 or only with danger of violating the secrete and a confessor must observe what is prescribed in 269.
271 The parish priest or the priest or deacon mentioned in 269 must inform the local Ordinary immediately about the dispensation given for the external forum; and the dispensation must be noted in the marriage register.
272 Unless the reply from the Sacred Pentitentiary says otherwise, a dispensation, given in the internal non-sacramental forum for a secret impediment, should be noted in the book which is to be kept in the secret archive of the Curia (according to CIC 379); and no other dispensation for the external forum is necessary even if the secret impediment later becomes known publicly.
273 The Ordinary who gave testimonial letters or transmitted the requests to the Holy See executes the dispensations from public or known impediments entrusted to the Ordinary of the petitioners, even though the parties have left for another diocese never to return; he should however inform the Ordinary of the Place where they will contract the marriage.