medieval-religion: Scholarly discussions of medieval religion and culture
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Nancy McKenna wrote:
>medieval-religion: Scholarly discussions of medieval religion and culture
>>Ms Brenda M. Cook wrote:
>><snip>
>>
>>>I have always understood that non-consummation does not make a marriage
>>>VOID (that is, a no no right from the start) but only VOIDABLE (that is,
>>>it can be annulled if either or both parties desire it)
>>>
>>>Can any expert on canon law correct me if I'm wrong ?
>>>
>>>BMC
>>
>>I'm pretty sure that's right. It has certainly been true since 1917, and
>>it seems to have been true as far back as I can trace it.
>>Gordon
>
>However, isn't an annulment a proclamation that the marriage was invalid
>from the start? So, by there being no consumation, the marriage is
>therefore invalid as the three parts of a valid sacramental marriage were
>not fulfilled (baptism, consent, consummation)?
>
>Nancy
I can only speak for the current position on this: I lack the resources to
discuss the mediaeval position in this detail.
Canon 1061 section 1 reads: "A valid marriage between baptised persons is
said to be merely ratified, if it is not consummated; ratified and
consummated , if the spouses have in a human manner engaged together in a
conjugal act in itself apt for the generation of offspring: to this act
marriage is by its nature ordered and by it the spouses become one flesh."
This indicates that an unconsummated marriage can still be valid. As far as
Canon Law is concerned, only baptism and consent are required for validity.
With consummation, the marriage becomes indissoluble.
Canon 1142 allows for a dissolution (not an annulment: I concede that
point), where there is other just cause. This allows both parties to
remarry. However, the marriage does not become void until one or both
parties request(s) it.
Gordon
- -------------------------------------------------------------
Dr. Gordon Arthur | Orthodoxy is my doxy; heterodoxy is
[log in to unmask] | another man's doxy. (Bishop Warburton)
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http://www.ecumenist.org/
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