marriage as a special contract
Post on 19-Nov-2014
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MARRIAGE “A special contract of permanent union
between man and woman entered into an accordance with law for the establishment of conjugal and family life.”
Contract established between the parties, husband and wife, a social or domestic relationship
Permanent Union Entered only by man & a
woman Ordained for propagation
of human species Innate sexuality: Drawn to
each other >> mysterious force called LOVE
Not instituted or restored by man but by
God (Casti Conubii, Pope Piux XI)
Marriage: Special Contract
?What is the precise role of will of choice in matrimony?
Free, mutual act of consent given by the human will that
man and woman enter into the conjugal union
3 categories that render a person incapacity of free consent Those that affect a person’s capacity to
decide Those that block his freedom to give consent Those that prevent the external expression of
his consent
Valid consent: Adequate knowledge of what the couples are
entering into Free decision to embrace married life & all its
obligations
Factors: Person’s capacity to make decision Lack of sufficient use of reason Serious lack of judgmental discretion
concerning the right and duties of marriage (mutually offered & accepted)
Serious psychic anomaly or condition that makes persons incapable of fulfilling the essential obligations in marriage
Ignorance Error/Fraud
Obstacles: Affects the exercise a person’s freedom Force or coercion Grave fear caused by someone/something
outside the person, even when inflicted unintentionally Invalid when the person gives consent to marry in
order to be free from such force
Susanna and the Elders, a 17th-century Italian painting by Artemisia Gentileschi
ANNULMENTMARRIGE ISIRREVOCABL
EIndissoluble
VINCULUM OBLIGATORIUM St. Thomas “A bond of union” Source of right & obligations of the couple
Ordained towards the good of children For the good of the spouses
THANK YOU!
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