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Professional paper

The marriage impediment of the disparity of cult. The biblical-legal foundation and historical development of the impediment (I.)

Ilija Marković orcid id orcid.org/0000-0001-7314-2817 ; University of Sarajevo - Catholic Theological Faculty in Sarajevo, Sarajevo, Bosnia and Herzegovina


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Abstract

This article sets out to offer a brief historical presentation on the development of marriages among spouses of different religions: from the testimony of Holy Scripture (Gen. 16,1-15; 24,2-4; 25,1-5; Ex. 34,15-16; Ezra 10,10-11; Neh. 13,25-27; 1 Cor. 5,11; 7,10-15; 1Pet 3,1-6, itd.) and some Church Fathers (Cyprian of Carthage, Ambrose of Milan and Augustine of Hippo), through the key ecclesiastical documents (Documents of the Second Vatican Council, M.p. Matrimonia mixta by Pope Paul VI.), to the development of the marriage impediment as such and the current canonical regulations. This is followed by a consideration of the reasons for the existence of this marriage impediment (disparity of cult; cann. 1061; 1071 CIC 1917; can. 1086 CIC 1983.), as well as the conditions under which the local ordinary may provide a dispensation. Due to the comprehensive nature of the topic, it isn’t possible to interpret and analyze in detail the canonical provisions, but in the footnotes we will refer to authors who have written about this in a more detailed way. The second section continues with this issue, as well as with the issue of the relationship between this marriage barrier and the rejection of marriage in favor of faith, with an analysis of the Instructions issued by the Congregation for the Doctrine of Faith, as well as a practical appendix with the forms, declarations and questions of examination of parties and witnesses.

Keywords

disparitas cultus; disparity of cult; can. 1086; mixed marriage; disparity of worship.

Hrčak ID:

260079

URI

https://hrcak.srce.hr/260079

Publication date:

1.6.2020.

Article data in other languages: croatian

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