Canon Law Studies Volume 5

Canon Law Studies Volume 5

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: Ordinaries enjoy these powers in regard to perplex cases, for marriages to be contracted, but even for the revalidation of contracted marriages, provided there is danger in delay of having recourse to the Holy See. Authors defended the opinion, that an ecclesiastical impediment discovered by one of the parties after the marriage had been contracted in good faith and with all the formalities, ceases, if the other party cannot be notified, or revalidation in radice speedily obtained and the marriage debt cannot be easily refused.25 Other authors refused to admit that impediments cease in a perplexed case, but on account of the extrinsic authority of so many, especially St. Alphonsus, permitted the use of it in practice, hoping that the Holy See would decide the controversy. The Code favors the opinion, which maintains that the impediments do not cease in a perplexed case, but grants the most liberal faculties to dispense under such circumstances.26 With the restrictions as to scandal and the two impediments mentioned, the Ordinary can dispense in all cases provided there is a physical or moral danger in delay of having recourse to Rome. The impediments arising from Holy Orders of the Priesthood and affinity are the only exceptions. Ordinarily the priest, not the Bishop, will have to deal with the perplexed case first, we will therefore give a more detailed account of the case, when treating of the powers granted to priests. (N. B. Forma matr. is excluded here but see, can. 81.) POWERS OF ORDINARIES IN REGARD TO DOUBTFUL IMPEDIMENTS According to the New Code impediments have their origin from certain facts and no reference is had to the person's intention. No ignorance of the law which renders a person incapable or invalidates an act...
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Product details

  • Paperback
  • 189 x 246 x 3mm | 109g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236572262
  • 9781236572264