Canon Law of Marriage

This course will explore the principal canons on matrimony in their historical and doctrinal context. Students will examine the canonical definition of marriage and its ends and properties, canonical preparation for marriage, the impediments to canonically valid marriage, the laws concerning matrimonial consent, the canonical form, mixed marriage, dissolution of the bond, separation, convalidation and sanation. Students will subject some disputed questions concerning marriage to critical analysis from a theological and canonical point of view, e.g., the meaning of covenant, the requirement of faith, the nature of consent, indissolubility, the privilege of the faith and other grounds for dissolution of the marriage bond. Students will examine the nature of the Church’s matrimonial jurisprudence and of selected capita nullitatis of particular relevance to practitioners in both the Roman Rota and American church courts: the so-called traditional capita as well as various psychological bases for nullity. Each student will write a relatio (memorandum) and a sentence concerning the validity of a hypothetical marriage.
Return to Course Index