Post by Caillin on Sept 19, 2017 10:41:38 GMT -5
Canon 1098 & the Validity of Marriages Today
"An analysis of canon 1098 of the 1917 Code of Canon Law and it's application to the marriages of Catholics today. "
archive.org/details/Canon1098AndTheValidityOfMarriagesToday
The first 6-7 pages is the analysis of the sources, and the last 7 pages contain quotes from the sources used for the analysis. Here's the conclusion of the analysis.
Conclusion
With the crisis of the Church today, we live under the conditions described in canon
1098. The true pastors and Ordinaries of the Church are unavailable, and it can prudently be
foreseen that this will last more than a month. We also live in a time when the vast majority of
people reject the true Catholic faith. Despite these things, Catholics should definitely not be
seeking non-Catholic spouses, and those Catholics that are ready to marry should certainly
attempt to find a valid and reputable priest to give them advice and perform their marriage. If a
priest cannot be found, a Catholic should not resort to a non-Catholic minister, and most
Catholics know and understand this. However, along with understanding the morality of certain
marriages, Catholics should also understand the unique aspects concerning the validity of
marriages today.
In summary, all that matters for a marriage to be valid under the conditions of canon
1098 is the fact that the conditions of c.1098 truly exist when and where the marriage takes
place. This is of course assuming there are no diriment impediments. The judgment, beliefs,
motives, or sinful intentions of those marrying does not affect validity, even if those marrying
think their marriage will be invalid in the eyes of the Church. A traditional priest should be
sought to perform the marriage, but it will be valid without him. A marriage under the
conditions of c.1098 is valid even if performed by a civil official, or a non-Catholic minister in a
non-Catholic ceremony. The conditions of c.1098 exist today and, diriment impediments aside,
a valid marriage under c.1098 requires only that the conditions of c.1098 exist.
With the crisis of the Church today, we live under the conditions described in canon
1098. The true pastors and Ordinaries of the Church are unavailable, and it can prudently be
foreseen that this will last more than a month. We also live in a time when the vast majority of
people reject the true Catholic faith. Despite these things, Catholics should definitely not be
seeking non-Catholic spouses, and those Catholics that are ready to marry should certainly
attempt to find a valid and reputable priest to give them advice and perform their marriage. If a
priest cannot be found, a Catholic should not resort to a non-Catholic minister, and most
Catholics know and understand this. However, along with understanding the morality of certain
marriages, Catholics should also understand the unique aspects concerning the validity of
marriages today.
In summary, all that matters for a marriage to be valid under the conditions of canon
1098 is the fact that the conditions of c.1098 truly exist when and where the marriage takes
place. This is of course assuming there are no diriment impediments. The judgment, beliefs,
motives, or sinful intentions of those marrying does not affect validity, even if those marrying
think their marriage will be invalid in the eyes of the Church. A traditional priest should be
sought to perform the marriage, but it will be valid without him. A marriage under the
conditions of c.1098 is valid even if performed by a civil official, or a non-Catholic minister in a
non-Catholic ceremony. The conditions of c.1098 exist today and, diriment impediments aside,
a valid marriage under c.1098 requires only that the conditions of c.1098 exist.