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medieval-religion: Scholarly discussions of medieval religion and culture



Thomas Izbicki <[log in to unmask]> wrote:
   
  medieval-religion: Scholarly discussions of medieval religion and culture

He could be legitimated after the fact, a process called sanatio in radice; see The juridical effects of the sanatio in radice;
   
  Respondeo:
   
  I do not think this would be necessary, at least under modern canon law. The parties entered into what is known as a "putative marriage" - that is, they acted in good faith, though there was an impediment (the survival of the first husband) which was not known to them. Canon 1137 clearly states, "Children who are conceived or born of a valid OR OF A PUTATIVE marriage are legitimate."
   
  Furthermore, Canon 1139 states: "Illegitimage children are legitimated by the subsequent marriage of their parents, whether valid or putative." Even if the child had been illegitimate when born, it would have been legitimated by the subsequent marriage of its parents.
   
  It would take a little more research to see if modern canon law differs from medieval canon law in ways which would affect this matter.
   
  Bill.







		
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