In the Catholic Church, a declaration of battalion, commonly called the and less common null decision , is a judgment on the part of an ecclesiastical court that determines that a marriage is illegally contracted or, more rarely, judgment determines that an unlawful ordination is given.
The court of marriage matingulir, governed by the canon law of the church, is a judicial process in which a canonical court determines whether the marriage is nullified at the beginning ( ab initio ). A "Nullity Declaration" is not an abolition of existing marriages (such as the dispensation of marriage of ratum sed non consummatum and "cancellation" in civil law), but a determination that the consent is never legally exchanged for failure to meet the requirements to enter legally into marriage and thus marriage never existed.
The Catholic Church teaches that, in true marriage, one man and one woman become "one flesh" before the eyes of the Lord. Various obstacles can make a person unable to legally contract a marriage. In addition to barriers, marriage approval may be awarded zero due to invalid factors such as simulation or fraud, or psychological disability.
For this reason (or for any other reason that the marriage is null and void) the Church, after the examination of the situation by a competent ecclesiastical court, can declare a zero marriage, that is, that marriage never existed. In this case the contracting parties are free to marry, provided that the natural obligations of the previous union are released.
By 2015, the process of declaring matrimonial nullity has been altered by the renewal of the nullary legislation of the marriage of Pope Francis, the widest reform for marriage nawal law in 300 years. Prior to the reform, the zero declaration could only be effective if it had been declared by two courts at different jurisdiction levels. If the lower court (First Instance and Second Instance) are not in agreement, the case automatically goes to Roman Rota for final decision in one way or another.
Video Declaration of nullity
Alasan untuk nullity
Certain conditions are necessary for marriage contracts to apply in canon law. The lack of any of these conditions makes marriage illegal and is the legal basis for nullity declarations. Therefore, regardless of the questions about the inner problems discussed below, there are four classifications of contract defects: form defects, contract defects, disability defects, capacity defects. For cancellation, evidence is required of any of these defects, since canon law considers all marriages to be legitimate until proven otherwise.
- Form flaw: If the wedding ceremony is invalid (for example two Catholics who married outside the Catholic Church)
- Disability contract: If it is not a contracted marriage, as if there is a handicap of intent on both sides. This can happen if one party has no intention of entering into unity, an exclusive lifetime, open to reproduction. In the Church's sense, marriage contracts can only be between a woman and a man.
- Damage to the will: Due to "mental incapacity, ignorance, errors about the person, marriage errors, fraud, zero knowledge, simulation, conditioned agreement, great power or fear".
- Capacity damage: If one party is married to another and thus unable to enter into the contract. Also, certain blood relationships make the parties unable to make contracts.
Disadvantages of canonical form
Members of the Catholic Church are required to marry in front of a priest (or deacon), and usually with at least one other witness, who may become a layman. The priest or deacon is not a minister of the sacrament; men and wives are ministers by swearing allegiance, though scholars lead the exchanges of vows and every celebration of the mass or marriage liturgy (CCC 1630). If one party is a Catholic, but there are serious reasons why marriage should be celebrated in front of civil servants or non-Catholic ministers, dispensation may be granted. If no dispensation is given and the spouse does not comply with this law, marriage is considered invalid. Because the absence of marriage is clear from the unnecessary state of the canonical process for issuing the Nullity Declaration. This correction of invalidity requires the pair to exchange their consent in accordance with the canonical form (commonly called "convalidation").
Impediments
If one party is prohibited from marrying a bone barrier (from Latin to "interrupt"), the marriage is illegal. Because these obstacles may not be known at all, the marriage is called a marriage supposedly if at least one of the parties is married in good faith.
Obstacles of hatred include:
- One or both parties below the absolute minimum age of 16 for men and 14 for women
- Antecedents and perpetual impotence (not to be confused with infertility)
- Ligaments, or are married
- Situation where one party is Catholic and the other has not been baptized (unless dispensation is given)
- The man was consecrated into a divine command
- One party made a perennial oath for sanctity in a religious institution
- Marriage abduction (known as raptus ), is a barrier so long as the person remains in the abductor's power
- Obstacles of Crime, causing the death of a spouse, or other person's spouse, with marriage intent
- Non-conformity, or close connection by blood, even if the relationship is only by law
- Affinity, or close relationship with marriage
Some of these laws may be loosened with dispensations before the ceremony. For example, Catherine of Aragon and Henry VIII of England received a dispensation from an affinity barrier (Catherine had previously married Henry's brother, Arthur, who died). Henry then based his request for the cancellation of Catherine (which largely led to the reform of the Church of England) on the grounds that the dispensation was given incorrectly because his father, Henry VII, had pressed the Archbishop of Canterbury to grant a dispensation.
This correction of invalidity after marriage first requires that the inhibition has ceased or been abolished, and then "convalidation" may occur or sanatio in radice may be given to make the marriage legitimate.
Reason for zero
Marriage may be declared invalid because at least one of the two parties is not free to approve the marriage or is not fully committed to marriage.
Grounds for nullity include:
- Simulation approval; that is, the conscious and positive exemption upon approval by one or both parties of the contract of one or all of the essential properties or "articles" of marriage: a) the exclusivity of the marital relationship; b) the timelessness of the marriage bond; c) openness to offspring as the natural fruit of marriage (canon 1101 § 2)
- A deliberate lie about some personal qualities that can objectively and seriously interfere with the spouses' life (canon 1098)
- Conditional approval, if the conditions at the time of marriage concern the future, or when it concerns the past or present and are not actually fulfilled (canon 1102)
- The force or fear imposed on someone to get their approval (canon 1103)
- Lack of judgment on the agreement on essential matrimonial rights and obligations to be given (canon 1095 n.2)
- Psychic disability with consent to perform an important marriage obligation (canon 1095 n.3).
According to Canon 1095, marriage can be declared invalid only when consent is given in the presence of some lack of discretionary assessments of essential rights and marital obligations, or some apparent inability to assume these important obligations. Pope Benedict XVI in his speech to Roman Rota in 2009, echoing the words of his predecessor John Paul II, has criticized "exaggerated and almost automatic multiplication of the marriage nullity declaration in cases of marital failure at the pretext of some immaturity or psychic weakness of the contractor. "Calling for" the reassertion of innate human capacity for marriage ", he insisted on a point made in 1987 by John Paul II that" only incompetence and no difficulty in giving approval to nullify marriage ".
Maps Declaration of nullity
Process
Marriages declared invalid under the Catholic Church are considered null and void, meaning that the marriage is invalid from the start. Some worry that their children will be considered invalid if they get a cancellation. However, Canon 1137 of Canon Law specifically affirms the legitimacy of children born in legal and alleged marriages (objectively invalid, although at least one party celebrates with good faith). Critics point to this as additional evidence that Catholic annulment is similar to divorce; although civil law considers the offspring of all marriages to be legitimate.
However, there are some significant differences between divorce and cancellation. Divorce relates only to the effects of marriage law. Annulment, however, also relates to the fact whether a true marriage ever formed. This leads to a second difference. At least in most countries, divorce is always possible. However, not all apps to cancel a wedding are given.
The cancellation of the Catholic Church is independent of civil cancellations (or, in some cases, divorce). Although, before beginning the cancellation process before the ecclesiastical court, it should be clear that marriage can not be rebuilt. Some countries, such as Italy, allow the cancellation process to replace acts of civil divorce. In many jurisdictions, some of the reasons that the Catholic Church recognizes as sufficient for cancellation are not considered as grounds for civil cancellation. In such cases, such couples must often be divorced by civil authorities to be able to remarry in jurisdiction. Once the Church cancels the marriage it will usually prefer that the marriage was subsequently annulled by a civil court. However, if this does not prove to be feasible, civil divorce is acceptable.
If a person has been married before and the first couple is alive, he must have accepted the Nullity Declaration before entering marriage in the Catholic Church, even if no party in the marriage is Catholic (the privilege of faith being a separate case). The Catholic Church treats as inseparable and applies every marriage when the first marriage for both parties. However, the church does not recognize as a legitimate marriage when one party is Catholic but its marriage is not celebrated in the presence of a Catholic priest (unless the dispensation is first obtained).
Kanon's law presupposes that all marriages are lawful until proven otherwise. Rescue respondents who wish to use canon law to retain their marriage against the declaration of invalidity have the right to have competent advocates who assist them. A lawyer is like a lawyer. Respondents have the right to read a petition (called libellus , meaning "booklet") of the applicant. The petition should explain, in general, the facts and evidence used by the applicant as a basis for alleging that the marriage of the party is invalid. It is necessary that the court judge study the jurisprudence of Roman Rota, since rota is responsible for promoting the unity of jurisprudence and, through his own sentence, to be a low court aid ( Dignitas Connubii , art. 35, quotes < bonus , art.126). The annulment respondents may use Roman Rota's case law to support their marriage defense. Roman Rota's decision is available at Msgr. Cormac Burke's website.
To get a zero declaration, the parties must approach the Catholic diocesan court. Most applications for cancellations heard by the assembly are granted because one or both parties are deemed to have given unauthorized consent. In order to provide a valid agreement, the parties shall freely give it. They should have a basic understanding of what they are doing and have given some thought and evaluation of their decision to enter marriage (1983 CIC, Canon 1095). They must be able to fulfill the promise they make on the wedding day; that is, not to suffer any psychological weakness (Canon 1095) which would prevent them from giving themselves in a partnership of all life that has a good cause for couples and the procreation and education of children (canon 1055). They should mean the words they say on the wedding day; that is, intends to form a permanent and loyal partnership, open to procreative sexual acts (canon 1101). Serious failures in these areas can allow for possible implementation to cancel marriage. There are other reasons that may justify unlawful allegations, such as serious misconduct regarding the person promised marriage (Canon 1097), one of the parties seriously deceived by another at the time of marriage (Canon 1098) or one of the parties who were subjected to violence or great fear without which marriage will not happen (Canon 1103).
Church courts are courts. Like the court, the person who brought the matter before the judges had to prove his case. The Tribunal will tell applicants how they can present the evidence necessary to prove a case. Approximately 94% of petitions filed in the United States are granted, and although the United States only has 6% of the world's Catholics, it accounts for 60% of cancellations granted worldwide, leading Bai MacFarlane to assert that the Church is working with "divorce crimes not guilty ". Pope John Paul II expressed his concern for the relative ease with which the cancellation can be obtained in the United States. The court judge was given the task of distinguishing the defective unions from the beginning of the legitimate marriage that had been severed.
Numbers
Around the world, the diocesan court completed over 49,000 cases to cancel marriage in 2006. Over the past 30 years 55 to 70% of cancellations have occurred in the United States. Growth off has been substantial; in the United States, 27,000 marriages declared invalid in 2006, compared to 338 in 1968.
Other considerations
Pope John Paul II and Pope Benedict XVI are concerned about the ease with which judgment cancellation, especially when based on unclear reasons such as "immaturity or psychic weakness" or "psychic immaturity," an expression of concern that the term "cancellation" is treated as a synonym with "divorce".
Pope Francis, after Cardinal Quarracino, expressed concern over the fact that perhaps "half of all marriages were invalid" in the light of canon law. This observation is one of the reasons for calling a remarkable synod of bishops from the family for October 2014. Francis then reformed the trial process of the nobility in 2015.
The nullity declaration made by the Catholic Church differs from civil divorce. Civil divorce can serve as evidence for ecclesiastical courts that the marriage community can not be rebuilt. In some countries, such as Italy, where the marriage of the Catholic Church is automatically transcribed to civilian records, the Church's declaration of cancellation may be granted exequatur and is treated as the equivalent of a civil divorce.
Catholic view of Eastern Orthodox process
Cancellation given by Eastern Orthodox court
The Canon Code of the Eastern Churches (CCEO), the Oriental canon law body for the Eastern Catholic Church, in Canon 780 follows the teachings of the Second Vatican Council that the Eastern Orthodox Church court has a legitimate cancellation process to declare a marriage void. If the Orthodox court held that the marriage was not valid from the beginning, the decision would be accepted by a marriage court in the Catholic Church.
Eastern Orthodox Economy
Some Eastern Orthodox Churches allow a second or third marriage in the oikonomia ("economy"), which is not permitted in the Catholic Church. This concept states that the first marriage is lawful and the second is permissible in the safety economy. The Catholic Church will see this contrary to the law of God and therefore it is illegitimate. The same obstacles will exist such as divorce or "dissolution" of unlawful bonds.
Declaration of zero ordination
The term "zero declaration" may also apply to cases where unlawful ordination is given.
Famous Catholic Cancellation
- The marriage of US Senator Edward Kennedy and his wife Joan is declared invalid after Edward claimed he was dishonest during marriage when he vowed to be loyal to his partner.
- Joseph Kennedy II's marriage to Sheila Rauch Kennedy is declared invalid after she expressed a lack of mental fitness to enter marriage; The cancellation was then filed by Sheila to the Vatican, which overturned the decision in 2007.
- Eadwig, the English King, married her with ÃÆ' â € lfgifu, declared none because they were too close.
- Louis VII of France and Eleanor of Aquitaine have declared their marriage annulled by the papal court in 1152 because they are distant cousins, after the birth of two daughters and despite the proclamation by Pope Eugene III in 1149 that no words can be spoken of their marriage and that it may not be dissolved under any pretext; each will marry a closer cousin.
See also
- the Catholic doctrine of the Ten Commandments
References
Source of the article : Wikipedia
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