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Bogoslovska smotra, Vol. 85 No. 3, 2015.

Original scientific paper

Canonical-Legal Aspects of the Preparation for Marriage and the prevention of marriage being void

Lucija Boljat orcid id orcid.org/0000-0002-0404-8429 ; Catholic Faculty of Theology, University of Zagreb, Zagreb, Croatia
Josip Šalković orcid id orcid.org/0009-0004-6208-8121 ; Catholic Faculty of Theology, University of Zagreb, Zagreb, Croatia

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Abstract

The subject of this article is the research of the relation between the preparation for entering into marriage and the prevention of marriage being void. Because of different »cultural frameworks« on which the risk of appearance of one or the other canonical reason for proclaiming a marriage void is increased, the authors do not discuss all and every individual canonical reason for proclaiming a marriage void and on how to prevent the appearance of each of these, but instead they focus on some legal means that are used during the preparation for entering into marriage for the purpose of prevention of marriages being void. Some of those legal means are contained in cann 1063–1072 in which the universal lawgiver proscribes canonical preconditions and presuppositions for entering into marriage, so that it might be valid, dignified, and fruitful. Therefore, in order to avoid illicit and prohibited marriages, those who care for souls should, in the context of the proximate preparation for entering into marriage, do all proscribed acts in order to determine whether there are elements that might make the marriage illicit or prohibited. There is no more efficient means to prevent the marriage being void than a serious and thorough preparation and upholding of canonical precepts (universal law and particular law) related to the prevention of marriages being void. In this matter, one should add to the universal canon law those precepts of particular law that are established by a diocesan bishop (cf. can 1064) and a bishops’ conference (cf. cann 1063; 1067), especially precepts on engagement exam, marital proclamations, and other means appropriate for determining the situation before the marriage.

Keywords

Code of Canon Law; marriage; fiancées; pastoral care and preparation for marriage; pre-marital checks; prevention of marriage being void

Hrčak ID:

147998

URI

https://hrcak.srce.hr/147998

Publication date:

28.10.2015.

Article data in other languages: croatian

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