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The Canons

 


 All canonical inquiries should be addressed to the Director of the Office of Canonical Affairs,

Mr. Mark Raper, JCL, MCL, at 208-344-1344. 

 

The Office of Canonical Affairs cannot receive e-mail regarding

canonical matters due to issues of confidentiality.


  

The following are some of the appropriate Canons regarding marriage:

 

Can. 1055 §1 The marriage covenant, by which a man and a woman establish between themselves a partnership of their whole life, and which of its own very nature is ordered to the well‑being of the spouses and to the procreation and upbringing of children, has, between the baptized, been raised by Christ the Lord to the dignity of a sacrament.

 

§2 Consequently, a valid marriage contract cannot exist between baptized persons without its being by that very fact a sacrament.

 

Can. 1057 §1 A marriage is brought into being by the lawfully manifested consent of persons who are legally capable. This consent cannot be supplied by any human power.

 

§2 Matrimonial consent is an act of will by which a man and a woman by an irrevocable covenant mutually give and accept one another for the purpose of establishing a marriage.

 

Can. 1059 The marriage of Catholics, even if only one party is baptized, is governed not only by divine law but also by canon law, without prejudice to the competence of the civil authority in respect of the merely civil effects of the marriage.

 

Can. 1060 Marriage enjoys the favor of law. Consequently, in doubt the validity of a marriage must be upheld until the contrary is proven.

 

Can. 1095 The following are incapable of contracting marriage:

 

1° those who lack sufficient use of reason;

 

2° those who suffer from a grave lack of discretionary judgment concerning the essential matrimonial rights and obligations to be mutually given and accepted;

 

3° those who, because of causes of a psychological nature, are unable to assume the essential obligations of marriage.

 

Can. 1096 §1 For matrimonial consent to exist, it is necessary that the contracting parties be at least not ignorant of the fact that marriage is a permanent partnership between a man and a woman, ordered to the procreation of children through some form of sexual cooperation.

 

§2 This ignorance is not presumed after puberty.

 

Can. 1097 §1 Error about a person renders a marriage invalid.

 

§2 Error about a quality of the person, even though it be the reason for the contract, does not render a marriage invalid unless this quality is directly and principally intended.

 

Can. 1098 A person contracts invalidly who enters marriage inveigled by deceit, perpetrated in order to secure consent, concerning some quality of the other party, which of its very nature can seriously disrupt the partnership of conjugal life.

 

Can. 1099 Provided it does not determine the will, error concerning the unity or the indissolubility or the sacramental dignity of marriage does not vitiate matrimonial consent.

 

Can. 1100 Knowledge of or opinion about the nullity of a marriage does not necessarily exclude matrimonial consent.

 

Can. 1101 §1 The internal consent of the mind is presumed to conform to the words or the signs used in the celebration of a marriage.

 

§2 If, however, either or both of the parties should by a positive act of will exclude marriage itself or any essential element of marriage or any essential property, such party contracts invalidly.

 

Can. 1102 §1 Marriage cannot be validly contracted subject to a condition concerning the future.

 

§2 Marriage entered into subject to a condition concerning the past or the present is valid or not, according as whatever is the basis of the condition exists or not.

 

§3 However, a condition as mentioned in §2 may not lawfully be attached except with the written permission of the local Ordinary.

 

Can. 1103 A marriage is invalid which was entered into by reason of force or of grave fear imposed from outside, even if not purposely, from which the person has no escape other than by choosing marriage.

 

Can. 1135 Each spouse has an equal obligation and right to whatever pertains to the partnership of conjugal life.

 

Can. 1136 Parents have the most grave obligation and the primary right to do all in their power to ensure their children’s physical, social, cultural, moral and religious upbringing.

 

Can. 1137 Children who are conceived or born of a valid or of a putative marriage are legitimate.


  

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Judicial Vicar

V. Rev. Henry Carmona, JV, JCL

 

Director

Mr. Mark L. Raper, JCL, MCL

Case Manager

Ms. Colleen Cunningham

Case Manager

Marisela Baca

 

 


  

Phone:   (208) 344-1344     Fax:  (208) 344-1772 

 

 

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