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The Object of Matrimonial Consent: A Personalist Analysis

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The Object of Matrimonial Consent: A Personalist Analysis
[original Italian: L'Oggetto del Consenso Matrimoniale: un'analisi personalistica, Giappichelli, Torino, 1997. This version published in Forum 9 (1998)1: pp. 39-117]

I. Matrimonial Consent and Christian Personalism

Sentence of July 9, 1998 (Bogotá) (In Iure only) [homosexuality]

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2. This case hinges on whether, under c. 1095, 3° , a person with a homosexual tendency can validly consent to marriage. The main jurisprudential principles governing the question are well established and will be briefly recalled. In recent years, however, radical changes have marked many secular appreciations of homosexuality, perhaps especially within the field of psychiatry and psychology; and these changes certainly merit consideration, also so as to weigh their possible effect on canonical jurisprudence.

Sentence of July 23, 1998 (Malta) (c. 1095, 2 & 3)

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I. The Facts

1. John D., an architect, and Jane A., met in 1958. Soon after John proposed to her, and they became engaged in March 1959. The marriage, which took place in October 1961, in - Malta, followed a fairly normal course for three years, during which time a daughter was born. Later on, in 1967 and 1970, two adulterous children were born of Jane's repeated infidelity; John however forgave her, adopting the children. Finally, at the end of twenty years, she left John and went to Rome where she contracted a civil marriage with here last lover.

Sentence of March 26, 1998 (Pelplin) (c. 1095, 3) [the "good of the spouses"]

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I. The Facts

1. Towards the start of 1977 Gregory and Danuta met and immediately fell in love. After some months they contracted civil marriage. The religious ceremony took place on March 26, 1978. No children issued from their married life, which went well for a year. Then Danita was brought to trial before the civil authorities and given a jail sentence. In April 1979 the spouses separated. After obtaining a civil divorce, Gregory married another woman civilly in 1983.

Sentence of June 12, 1997 (In Iure only) (personalism)

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It is trite to say that the christian - and also the canonical - perception of marriage, especially since the Second Vatican Council, has become more and more "personalistic". Personalism itself needs to be properly understood. It is not to be confused with subjectivism or individualism, which convey the false suggestion that the individual person can find human fufillment in relating just to himself and making himself the centre of his concerns and ambitions. In order to preclude this possible confusion, some wisely insist that personalism necessarily involves interpersonalism. Interpersonalism in fact stresses more directly the capacity and need for self-transcendence in the individual; and insists on man's "social dimension" as a vital aspect to his personalistic fulfillment.

Sentence of April 17, 1997 (Davenport) (c. 1095, 2 & 3)

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I. The Facts

Sentence of Dec. 12, 1996. Rome (essential rights-obligations)

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8. On the juridic effect of a psychic anomaly: Enormously increased investigation in this century into the concept of "mental health", has led to acceptance of the fact that psychic infirmities are much more frequent than was formerly acknowledged. It has been established not only that such pathologies exist in varying degrees, but that many psychic disorders affect a person just in some areas of his or her life, while leaving intact his or her capacity to act normally in other areas. In the field of civil law and secular courts, these findings have opened up new debates about the proper legal understanding of personal responsibility or accountability, and about the validity of certain acts.

Sentence of Nov 14, 1996 (Ponce) [freedom and motivation]

webmaster — Mon, 02 Aug 2010 08:26:55 +0000

Use of proper terminology. The years 1968-1983 witnessed the revision of the old Code of Canon Law, so as to bring the law of the Church more in line with the ecclesial spirit of the Second Vatican Council. It was a period when many new ideas, being proposed and debated in doctrine or jurisprudence, were considered in depth by the Pontifical Commisssion charged with the revision. Concepts, phrases and formulae were weighed and sifted; many were passed over or rejected; others were molded and developed until they reached a final configuration in which they were approved and incorporated into the new Code.

Sentence of July 18, 1996 (Rio de Janeiro) (c. 1098: error)

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[English version: Studia canonica 32 (1998), pp. 243-252]

I. The Facts

Sentence of December 7, 1995 (Denver) (c. 1095,2)

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II. The Law