Exclusion of bonum prolis in the 1983 Code of Canon Law and in the Code of Canons of the Eastern Churches
Journal Title: Kościół i Prawo - Year 2018, Vol 7, Issue 1
Abstract
The issue of procreation and education of offspring has always been the object of special concern for the Church. It appears, among others in legal regulation of this problem. The right and the duty to procreate and educate offspring was inevitably connected with general vision of marriage, it is purposes and property of matrimonial consent. Therefore, with the evolution of understanding of marriage itself in the history of canon law, the term of bonum prolis (good of the offspring) was also changed. Legal norms regarding the issue of exclusion of the good of the offspring contained in the 1983 Code of Canon Law (CIC/83) and in the 1990 Code of Canons of the Eastern Churches (CCEO), which was mentioned in the introduction of this article, are identical in their bodies. Only can. 776 § 1 CCEO is a kind of complement of can. 1055 § 1 CIC/83, which speaks about structure of marriage. In turn, can. 1061 § 1 CIC/83, which is a specific definition of consummated and valid marriage, has no equivalent in CCEO. The procreation and education of offspring is the natural purpose and the culmination of marriage. Marital acts should be directed towards procreation and must be performed in a natural and human fashion. Hence, the exclusion of acts of conjugal living which are open to procreation of offspring, taken with a positive act of the will results in the invalidity of the marriage itself.
Authors and Affiliations
Marcin Bałdyga
Keywords
Related Articles
- EP ID EP310941
- DOI 10.18290/kip.2018.7.1-14
- Views 68
- Downloads 0
Struktura i kompetencje Rady zarządzającej w ordynariatach personalnych dla anglikanów powracających do pełnej jedności z Kościołem katolickim
The article presents the norms regarding the composition, mandate and functioning of the Governing Council in Personal Ordinariates for Anglicans, established under the Apostolic Constitution of Benedict XVI Anglicanorum...
The Pastoral Care of the Apostolic See concerning of Migrants and Itinerant People in the contemporary world
Pope John Paul II established Pontifical Council For The Pastoral Care Of Migrants And Itinerant People, with the task of studying and providing pastoral care to „people on the move” such as those categories of people wh...
Relict of Patronage's Right in the Code of Canon Law of 1983
However, patronage's right is a “dead letter” because it is not regulated in biding legal provisions, it is still noticeable. In the article it is described relict of patronage's right in the Code of Canon Law of 1983 t...
Wiara a małżeństwo. Z przemówienia Benedykta XVI do Trybunału Roty Rzymskiej z 26 stycznia 2013 roku
The subject of the annual, latest – as it turned out – speech of Benedict XVI to the Tribunal of the Roman Rota dated 26 January 2013 pertains to the relationship between faith and marriage, in the context of the Year of...
The Influence of Labour Migration on the Stability of Family
The Authors in the article analyze the influence of labour migration on the stability of family in Lithuania. The word “emigration” means the departure to another country with an intention to reside in it permanently or...