처리결과

Within the case of impediments which refer solely to the rights of the husband and wife, and which might be removed by their consent, only the one of many supposed spouses whose right is in query is permitted to impugn the marriage by complaint before the ecclesiastical court, provided it is desired to keep up this right. Besides the adultery of one of the married events, the legal guidelines of the empire acknowledged different reasons for which marriage could be dissolved, and remarriage permitted, for example, protracted absence as a prisoner of struggle, or the choice of religious life by one of the spouses. Nevertheless, the supposed alternative of the state of Christian perfection seems to suggest that this canon must be restricted to a marriage that has not been consummated. Canon ix of the first council is undoubtedly erroneous (Labbe, VIII, 407). On this canon it's laid down that if a man must go abroad, and his wife, out of attachment to dwelling and family members, is not going to go along with him, she must remain unmarried so long because the husband is alive whom she refused to observe; however, in distinction to the blameworthy girl, a second marriage is allowed to the husband: "If he has no hope of returning to his personal country, if he can not abstain, he can obtain one other wife with a penance." So deeply was the pre-Christian customized of the individuals engraven in their hearts that's was believed allowance ought to be made for it to some degree.


In the first decades of the ninth century, the church began to proceed energetically against them (cf. The acceptance of this indissolubility of marriage as an article of faith outlined by the Council of Trent is demanded in the creed by which Orientals must make their profession of faith when reunited to the Roman Church. The system prescribed by Urban VIII comprises the next part: "Also, that the bond of the Sacrament of Matrimony is indissoluble; and that, though a separation tori et cohabitationis will be made between the parties, for adultery, heresy, or different causes, yet it is not lawful for them to contract one other marriage." Exactly the same declaration in regard to marriage was made within the brief career of religion aproved by the Holy Office in the 12 months 1890 (Collectanea S. Congr. Other canons, wherein separation and second marriage are allowed, refer undoubtedly to the diriment impediments of affinity and spiritual relationship, or to a marriage contracted in error by individuals one of whom is free and the opposite not free.


This must also be the which means of canon xvi (Labbe, VIII, 453; others, canon xix), which permits the dissolution of a marriage between a leper and a healthy woman, in order that the lady is authorized to enter upon a new marriage, until we supose that here there is a query of the diriment impediment of impotence. Doubts have been expressed here and there in regards to the dogmatic character of this definition (cf. Gandhiji arrived right here in 1936 and stayed till his demise in 1948. It's a bunch of huts used by Gandhiji, his wife Kasturba and other disciples. Zhishman (Das Eberecht der orientalischen Kirchen, 729 sqq.) testifies that the Greek and Oriental Churches separated from Rome permit in their official ecclesiastical paperwork the dissolution of marriage, not merely on account of adultery, but additionally "of those occasions and actions the impact of which on married life is likely to be thought to be similar to natural dying or to adultery, or which justify the dissolution of the wedding bond in consequence of a nicely-founded supposition of death or adultery".


Such a husband is allowed to take one other wife: "That husband can put away that wife, and, if he will, let him take one other. But let that woman who made the plot endure a penance and stay without hope of marriage." Some clarify this canon to mean that the husband would possibly marry once more after the demise of his first wife, however that the criminal wife was forbidden perpetually to marry. Such causes are, first, high treason; second, criminal attacks on life; third, frivolous conduct giving rise to suspicion of adultery; fourth, intentional abortion; fifth, acting as sponsor for one's own child in baptism; sixth, prolonged dissapearance; seventh, incurable lunacy rendering cohabitation not possible; eight, entrance of 1 social gathering right into a religious order with the permission of the opposite social gathering. It is only when the invalidity of a marriage becomes publicly recognized and further cohabitation offers scandal, or when different essential reasons render a immediate separation of domicile mandatory or adivisable, that such a separation ought to take place without delay, to be made definitive by a later judicial sentence. That separation and remarriage of the separated events may not take place merely on account of non-public convictions of the invalidity of a supposed marriage, but only in consequence of an ecclesiastical judgement was taught by Alexander III and Innocent III in IV Decretal., xix, 3 and II Decretal., xiii, 13. In earlier centuries the abstract determination of the bishops sufficed; at current the Constitution of Benedict XIV, "Dei miseratione", three November, 1741, should be followed.


In the event you loved this information and you wish to receive more info with regards to زواج عرفي فى مصر kindly visit our web site.