Assessment

40 hours contact; 24 hours independent learning

Module Aims

As one of the seven sacraments, marriage is essential to the sanctifying mission of the Church and one of the visible signs through which the sanctification of the married couples who validly marry is realised. The validity of marriage in canon law is a complex and detailed subject which does not pertain to liturgical law but rather principles of contractual law, canonical doctrine and jurisprudence. This module aims to introduce all those preparing to minister in the Church, as permanent deacons , to canonical doctrine and the juridical dimensions of the sacrament of marriage and its celebration. Although marriage is a natural right, as a sacrament it is subject to the exclusive jurisdiction of the Church’s law. The canonical regulation of the sacrament of marriage ensures that only those who are capable of marriage, that is, those who are free of impediments, have the minimum freedom and knowledge of what marriage is can validly consent to marry. While Catholics are also required to marry according to canonical form for validity, there are situations when this can be dispensed by the appropriate authority or by the law itself. The module also aims to explore grounds of defective consent by which a marriage can be declared invalid and also how a defective consent can be remedied (sanatio). The conditions for other exceptional forms of dissolution of the marriage bond are also explored.

Indicative Syllabus

The following are indicative of the syllabus:

• Evolution of the Canonical Doctrine of Marriage from the CIC 17 and CIC 83
• Matrimonium in fieri and matrimonium in facto esse
• Marriage as Covenant, Sacrament and Contract
• Preparation for Marriage
• Matrimonial Impediments
• Defective Consent and canonical jurisprudence
• Canonical Form
• Mixed Marriages
• Sanation of Defective Consent
• Processes for the Dissolution of Marriages

During the module, learners are assigned case studies in relation to impediments, grounds of defective consent, mixed marriages and remedy of defective consent cases to demonstrate their comprehension of the law or write an evaluation which will be marked and on which they will receive formative feedback

Learning Outcomes

• — LO1: Illustrate the key doctrinal, historical and juridical developments of the celebration of the sacrament of marriage up to Vatican II and recent magisterial documents;
• — LO2: Illustrate the minimum juridical requirements to render a person capable of contracting marriage and those who are impeded from doing so;
• — LO3: Explain and list canonical principles, canonical doctrine and marriage jurisprudence in relation to the grounds of defective consent in specific cases;
• — LO4: Identify and apply the appropriate canonical form and mixed marriage requirements in contemporary pastoral and ecumenical contexts that may be encountered in diaconal minsitry
• — LO5: Apply a juridical remedy for sanating defective matrimonial consent or canonical form.
• — LO6: Identify different procedures for the dissolution of defective consent and privilege of the faith cases.

Bibliography

• — Huels, John, A Pastoral Companion: A Canon Law Handbook for Catholic Ministry, Wilson and Lafleur, 2016
• — Bianchi, Paolo, When is Marriage Null?, Ignatius Press, 2015.
• — Decanay, Aldofl, Canon Law on Marriage: Introductory Notes and Comments, Milan, 2003
• — Beal, John, James Coriden, Thomas Green, New Commentary on the Code of Canon Law, Mahwah: Paulist Press, 2000