Marriage Legislation in the New Code of Canon Law
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- On January 1, 1918
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10 pages (1.9 MB) pg. 303-312
Book (Opens in Archive.org)
Ayrinhac, Very Rev. Henry Amans (President of St. Patrick’s Seminary, Menlo Park, Cal. Professor of Moral Theology, Pastoral Theology, and Canon Law)
Marriage Legislation in the New Code of Canon Law
New York:
Benzinger Brothers. 1918.
Article II
LIMITED DIVORCE, OR SEPARATION AS TO BED, BOARD, AND DWELLING-PLACE
1. General Principle 303
2. Principal Cause of Separation — Adultery 305
3. Taking Back the Guilty Party 306
4. Other Causes for Separation 308
5. Education of Children 311
320.2. … The Third Plenary Council of Baltimore, n. 126, forbids having recourse to the civil courts without consulting the Ordinary. A regular trial is not required, but only the Bishop’s permission, where such custom exists. …
321. After the separation, the education of the children belongs to the innocent spouse; if one of the parties is non-Catholic, it belongs to the Catholic; unless in either case, for the good of the children and their Catholic education being duly provided for, the Ordinary decides otherwise. (pg. 311)
323. 2. In the preceding canons it is always question of the Ordinary, for matrimonial causes among Christians are reserved exclusively to the ecclesiastical authority. From moral standpoint it may, however, be permitted, at times, for Catholic to apply to the civil court for corporal separation under certain conditions. (De Smet, n. 211.)
3. It is question not of the judge, but of the Ordinary, which implies that those matters are not necessarily decided in court after regular trial it may be lawful, for serious reasons, or where the custom exists, to proceed extra-judicially and be satisfied with an informal decision of the Ordinary. (pg 311-312)
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